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While the English Law Reform (Miscellaneous Provision) Act 1970 abolished actions for damages for breaches of marriage promises, it is not applicable in Malaysia as the existing general rule of betrothal is derived from the Malaysian Contract Act 1950 (Act 136) and the obligation to follow the English Law Reform (Miscellaneous Provision) Act 1970 has been cut off from Malaysian law by virtue of the cut of date under the Civil Law Act 1956. Using the comparative method, where decided cases were made in the US, India and Nigeria, it can be concluded that embarrassment, anxiety, or emotional distress being the common traditional reasons for the remedy of breach of betrothal continued to be supported by other supporting reasons justifying the continuity of remedial breach of betrothal. This includes transfer of property made by the aggrieved party in consideration of the marriage pledge or when the default party benefitted from the betrothal or pregnancy induced by betrothal.
List of Statutes
Indian Contract Act 1872
Malaysian Civil Law Act 1956 (Act 67)
Malaysian Contract Act 1950 (Act 136)
Malaysian Law Reform (Marriage and Divorce) Act of 1976 (Act 164)
Nigerian Contracts Act
UK Law Reform (Miscellaneous Provision) Act 1970
US Heart Balm Laws
List of CasesBalfour v. Balfour. [1919] 2 KB 571
Doe v. Roe [California Court of Appeal, 267 Cal. Rptr. 564].
Dorris Rodrigues v. Bala Krishnan [1982] 2 MLJ 77
Ezeanah v. Atta (2004, LPELR - 1198 (SC)
Foo Lai Sin v. Wong Lee Hong (2017) MLJU 2063
Lau Pin Sien v. Kong Chung Sng (2015) MLJU 35
Laxminarayan and Anor. v. Sumitra Bai (AIR 1995 MP 86, 1995 (0) MPLJ 148)
Laxminarayan and Others vs. Sumitra Bai (AIR 1995 MP 86, 1995 (0) MPLJ 148)
Mandar Deepak Pawar vs. State of Maharashtra, 2022 LiveLaw (SC) 649
Mighell v. Sultan of Johor [1894] 1 QB 149
Prema Korgaokar v. Mustak Ahmed, AIR 1987 Guj 106, (1987) 1 GLR 462
Stanard v. Bolin [1977] 88 Wn.2d 614,565 P.2d 94
State v. Narender @ Nikhil
State v. Narender @ Nikhil (Additional Sessions Judge (Special Fast Track Court)-01, West, Tis Hazari Courts, Delhi, 16 May 2014)
Articles
Edwin, H. W. (1927). Breach of Promise to Marry, 2 Notre Dame L. Rev. 190. Retrieved from Law Commons: https://core.ac.uk/download/pdf/268216414.pdf
Juliana, S. N., Sulistiyono, A., & Jamin, M. (2021). Proceedings of the International Conference on Environmental and Energy Policy (ICEEP 2021). Retrieved from Atlantis Press: The Legal Protection for Breach of the Marriage Promise for Women
In-Text Citation: (Abdullah, 2022)
To Cite this Article: Abdullah, N. C. (2022). Remedies for Breach of Betrothal: The Quest for Survival? International Journal of Academic Research in Business and Social Sciences, 12(12), 43 – 51.
Copyright: © 2022 The Author(s)
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