Damages for breach of promise of marriage : a jurisprudential review

Abstract

This thesis studies actions for damages for breach of promise of marriage and seeks to identify the nature of damages awarded by Maltese Courts. The question at the core of this thesis is: 'What is the nature of damages awarded by Maltese Courts in actions for damages for breach of promise of marriage?' Other issues had to be examined in order to answer this question. The first step was to identify the legal basis governing actions for breach of promise of marriage. This study was carried out by looking at Maltese jurisprudence from 1834, the year the Promises of Marriage Law, Chapter 5 of the Laws of Malta, was enacted to date. This law was specifically enacted to govern actions for damages for breach of promise of marriage, allowing material and moral damages, yet, local jurisprudence indicates that this law has fallen out of use. This does not mean that Maltese Courts are not being faced with parties seeking damages for unjust breach of promise of marriage, neither does it mean that damages are not being awarded in such cases. It does however mean that as the basis of the action changed, so did the nature of the damages awarded. Court judgements indicate that the legal basis of the action is unclear and different cases have invoked principles of Contract, Tort and Quasi-contract. This ambiguity appears to have allowed Courts to maintain the broad discretion in awarding damages in actions based on the Civil Code which they enjoyed before Chapter 5 came into effect and which they still possess under Chapter 5. In this light and in view of recent developments in Court decisions, the possibility of obtaining compensation for moral damages in actions for breach of promise of marriage made on the basis of the Civil Code would appear to exist.