INTRODUCTION
PROMISE
WORDS/CONDUCT
/WRITING
CAPACITY
BETROTHAL
CONSENT
CONSIDERATION
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CONSIDERATION
Offer – promise to marry within
reasonable time after pl. arrival in
Ireland
HARVEY V JOHNSTON
Acceptance – pl. went to
Ireland as requested
Held: went to
Ireland as
requested -is a
good
consideration
Def. failed to carry out
his promise
Pl. sue for breach of
promise to marry
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Old Common lawBreach of the promiseAction for damages
After ww 2, action for
damages- rarely brought
-difficult to prove
POSITION IN ENGLAND
After 1970 -- now . Action for breach
of promise to marry has been abolished
by the Law Reform
(Misc.Prov.) Act 1970
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Promise to marry to under the
Common law
Made by a bachelor
Made by a married man
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PROMISE MADE BY A
BACHELOR
Enforceable - supported with
valuable consideration.
If breach of promise to marry,
action can be taken against him.
Cases: Harvey v. Johnston
Frost v Knight
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PROMISE MADE
BY A MARRIED
MAN
Unenforceable as it is against
public policy, even though it is made
upon conditions such as:
i) upon the death of promisor’s
spouse
ii) upon a divorce being granted.
- breach of promise , no action can
be taken against him unless it falls
under the exceptions.
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CASES
Wilson v. Carnley
Promise made by a married man during the
lifetime of his wife to marry a woman, after
the wife’s death is unenforceable as it is
against public policy. Void ab anitio and
therefore no action can be taken against him.
Spiers v. Hunt
Held: Such contract is against public policy
and moral and not to be enforced.
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EXCEPTIONS
1) The plaintiff has
been deceived by
the promisor / false
declaration.
Case: Shaw v Shaw
Judgement was given
in
favour of the plaintiff
who has been
deceived
by the promisor.
2) Promise is made
after the decree
nisi is pronounced,
to contract a
marriage after the
decree being
absolute.
Case: Fender v. St
Johnson
Mildmay.
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 3.
When a man is permitted to
have a plurality of wives by his
personal law
 Nafsiah v Abdul Majid
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Position of betrothal in Malaysia
- No provision in the LRA and other specific
legislation.
-General principles of a contract is governed by
the Contract Act 1950 - sections 10, 11 & 24.
-Therefore, may apply common law principles
by virtue of s. 3 & 5 of Civil Law Act 1956
- No need to be evidenced by writing . So long
as a promise is supported by some kind of
valuable consideration, then it is enforceable.
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CASES
Case: Doris Rodrigues v Balakrishnan
Application of common law principle through
s.3 & s.5 Civil Law Act 1956
Case:Nafsiah v. Abdul Majid
Whether action can be taken against the
defendant who is a married man, for breach
of promise to marry.
Held: There is a breach of promise to marry
and action can be taken against him since
under his own personal law, he is entitle to
have a plurality of wife.
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Case: Mary Joseph Ariokiansamy v A.G
Sundram
Held: Action can be taken against him despite the
fact that he was a married man since she was
deceived by the defendant who represented
himself as a widower.
A promise of marriage made by a Hindoo man to a
Christian girl is actionable at law, as the status of
a Hindoo does not prevent his contracting a valid
marriage with a Christian.
If a disability due to status in fact exists, and is
known to the defendant, but not known to the
plaintiff it will not save the defendant from the
consequences of an action for breach of promise
of marriage.
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Other cases:
-Oh Thevesa V Sia Hok Chia [1992]
1 MLJ 215.
-Wong Chuan Wah V Kok Kam Chee
[2008] 3 CLJ 510
-Nagamah a/p Subramaniam v
Ponnusamy a/l Rajoo [2008] 6 MLJ
152

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REMEDY
The only remedy is action for damages
It is mutual – either man and woman can
sue .
Damages not measured by fixed standard,
and normally depending on the facts and
circumstances of the case.
Eg. The plaintiff is pregnant.
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