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Breach of promise is a common-law tort, abolished in many jurisdictions. It was also called breach of contract to marry , [ 1 ] and the remedy awarded was known as heart balm . From at least the Middle Ages to the early 20th century, many jurisdictions regarded a man's promise of engagement to marry a woman as a legally binding contract .
The Cecily Jordan v.Greville Pooley dispute was the first known prosecution for breach of promise in colonial America and the first in which the defendant was a woman. [1]: 29 June 1623 [2]: 107–108 This case was tried in the chambers of the Virginia Company, and never went to a civil court, for the plaintiff withdrew his complaint.
In the year of Samuel Jordan's death, she set off the first breach of promise lawsuit in English North America when she chose the marriage proposal of William Farrar, who was bonded to help settle her estate, over that of Greville Pooley, who claimed his proposal had already been accepted. In 1625, Cecily prevailed when Pooley withdrew his claim.
Many of these cases have lead to class action lawsuits and proceedings by the Federal Trade Commision (FTC), resulting in a number of settlements worth millions — or even billions — of dollars ...
Donee beneficiary – e.g., when Andrew wishes to make a gift to Charlie and Andrew agrees to provide some consideration to Bethany in exchange for her promise to pay Charlie the amount of the gift. Under old common law principles, the donee beneficiary actually had a greater claim to the benefits this created, but such distinctions have been ...
If the lender agrees to reduce the closing costs by an extra $1000 and the borrowers agree, then there has been an accord and satisfaction. If the borrowers later sue for breach of contract, the settlement (offer and acceptance of the $1000) constitutes an accord and satisfaction and is a valid defense to the borrower's lawsuit.
Recently, an $8.85 million settlement was reached in a class action lawsuit filed against Unilever United States, Inc., the owner of Breyers, and Conopco, Inc., the New York-based advertiser ...
Monetary Damages are Adequate: If the harm caused by the breach can be adequately compensated with money, specific performance is unlikely to be ordered. Contract is Not Clear or Enforceable: If the contract terms are ambiguous, not agreed upon by all parties, or the contract is otherwise unenforceable, specific performance will not be granted.
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