BREACH OF PROMISE

Evening Post, Volume CVI, Issue 46, 1 September 1928, Page 26

BREACH OF PROMISE

"SENTIMENTAL" DAMAGES. Actions for breach of promise of mar--riage appear to bo rather less popular than they were twenty or thirty years ago, states the London "Daily Telegraph. ' A possible explanation is that, as a .result of social changes, fair plaintiffs have less hope of inducing juries to award them "sentimental" damages. To ask, or permit, juries to assess the emotions in coin of the realm has always been considered by many people as a task outside their proper functions; and the prospect of its soon becoming unnecessary for tho reason just mentioned and of breach of promiso being dealt with on tho basis that applies to other forms of contract, will therefore, give satisfaction in some quarters. Suspicion of blackmail lies heavy on many of these claims. It arises not so much from actions actually tried in Court as from others that are launched but never reach that stage, and so never come into tho light. Solicitors are- familiar with claims made by designing women when no promiso has been made, and with clainis founded upon vaguo promises extracted from inexperienced men when they were.not in a condition to speak sanely upon any subject. They know, too, that not infrequently the victim prefers to write out a cheque rather than face the public exposure of his frailtios. There was a curious caso in the Courts some time ago, where even in very suspicious circumstances sentiment played a dangerous part. The unhappy defendant alleged attempted blackmail and immoral propensities on the part of the plaintiff. The jury took a more favourable view of the lady, keenly sympathised with her, and awarded her very substantial damages, running well into three figures. Then the

i defendant appealed, and when the day ' arrived for hearing the appeal the lady [ did not appear. Inquiries had revealed that she already Mid a husband living. While such a case as this proves that it cannot be said that fraudulent cases never como into Court, it may partly explain tho fact, vouched for by pro■fcssional men, that tho woman who is really deserving of sympathy is often moved to shun publicity. Tho 'eighties and 'nineties will bo remembered as a period rich in famous breach of promise actions, in which dsi; B gcs ranging from £2000 to £10,000 were awarded. One- case was settled at tho record figure of £50,000. Such actions are never heard of nowadays. Tho parties are almost invariably in humble life; tho damages are very small —not infrequently the "contumelious farthing," as it was called by Baron Bramwell is thought sufficient —and cannot by any stretch of imagin- j ation bo supposed to represent an excess of sentimental feeling on the part of the jury. , j As women enter more- and more into tho active- pursuits of life, become moro independent of .inalo support, actions of this land become easier to decide. Tho element of sentiment recedes, and compensation tends to be based on actual pecuniary loss, irrespective of wounded feelings. This movement may perhaps be held to presage the carrying out of a proposal mado v fifty years ago byLord Herschell, with tho approval of tho House of Commons. Possibly -some would like to urge, as a further concession .to modern ideas of justice, the return of lovers' presents if requested.