33 related questions found

Is it illegal to break a promise?

The short answer is yes, you may have a claim for someone who broke a promise to you. Now, depending on the nature of that promise, we may have different types of the cause of action that could be brought. The most common that I see is a breach of contract.

Do promises hold up in court?

Contrary to what most believe, an informal exchange of promises can still be binding and legally as valid as a written contract.

Can I sue my boyfriend for breach of promise?

About one-half of American states today permit a suit for breach of promise to marry. Historically, most plaintiffs in breach-of-promise suits have been women. However, virtually all states that allow such actions at all, allow suits to be brought by either the man or the woman.

What is violation the breaking of a promise or agreement?

A breach of contract case is a case when an agreement or contract is broken (breached). The agreement can be in writing, it can be verbal, or it can be implied from the situation. In these cases, one side argues that the other side broke their agreement and it hurt them in some way.

What are the remedies for breach of promise?

Generally speaking, a breach of promise can result in claims for both delictual and contractual loss. In terms of delictual damages, there is a remedy namely the actio iniuriarum where the innocent party is entitled to sentimental damages if the repudiation was contumelious.

Is it worth suing for breach of contract?

The Value of the Contract: Consider whether the breach resulted in substantial financial or other losses. If the damages are minimal, the costs of litigation may outweigh the potential recovery. For example, suing over a minor inconvenience or slight delay may not be worth the effort.

Can you sue for false promises?

As a California employee, you have rights. If your employer has made false promises, you may be able to sue them and seek compensation.

What are vindictive damages?

They are also sometimes called “exemplary damages” or “vindictive damages” because they are meant to make an example of the defendant, deter others from engaging in the same conduct, and vindicate society's injury in the harm that was done.

How much can you sue for breach of contract?

In a breach of contract case, damages typically cannot exceed four times the actual losses. However, the exact amount depends on the specifics of your case. Consult with a lawyer to determine the potential damages you may recover.

What is a legal promise not to sue?

A covenant not to sue may indicate that the potential claimant will never sue or it may indicate that the claimant will postpone a lawsuit for a defined period of time. An agreement not to sue preserves the existence of the cause of action but places contractual restrictions on the injured party's right to file suit.

How to win a breach of contract case?

You may be sure you have an air-tight case, and you may be right, but a winning breach of contract lawsuit has four factors.

Factor #1: A Well Written Contract. ...

Factor #2: A Clear and Obvious Breach. ...

Factor #3: Substantial and Identifiable Damages. ...

Factor #4: A Defendant with Deep Pockets.

Can I be sued for breaking a promise?

Absent a valid contract, a broken promise does not typically provide grounds for a lawsuit. However, under certain circumstances, the legal doctrine of detrimental reliance may provide a remedy. Detrimental reliance occurs when a party is reasonably induced to rely on a promise made by another party.

What makes a promise legally enforceable?

In order to recover under the doctrine of promissory estoppel, four requirements must be met: Someone must make a promise. Someone else must genuinely and justifiably rely on the promise. The actions that are taken in reliance on the promise must be reasonably foreseeable to the person who makes the promise.

Is breach of promise still a law?

It is a tort against the breaching party. The principle of breach of promise treats the promise to marry as an enforceable contract which may entitle the non-breaching party to receive damages . However, such an action has been barred in most of the jurisdictions and does not give rise to a valid cause of action .

Can you sue for a verbal promise?

Technically, the answer is yes. Although the agreement is not in writing, you may be able to file a lawsuit if another party breaches a verbal contract. However, many oral contract cases turn into “he said, she said” situations, which can be more challenging to prove than cases with clearly defined terms on paper.

Can I sue my boyfriend for not proposing?

A promise to marry is just like any other contract, so you can generally sue if the other person doesn't perform. Some states allow these types of heart bomb lawsuits, but many states do not, including California, which says there's never an enforceable agreement to marry. And in those states.

What is the legal term for broken promise?

Promissory estoppel is a legal doctrine that says parties may be liable for broken promises that result in financial harm. As with other legal issues, promissory estoppel cases are highly specific, meaning that it is worth consulting an attorney before pursuing legal action.

Is a text message legally binding?

This ruling states that as long as text messages satisfy the necessary conditions required of a bilateral contract in offer, consideration, capacity, and acceptance, they can be considered legally enforceable.

What kind of promise is not binding?

An illusory promise is a promise that is unenforceable due to indefiniteness or lack of mutuality , where only one side is bound to perform.

What states can a promise be in?

A JavaScript Promise object can be in one of three states: pending , resolved , or rejected . While the value is not yet available, the Promise stays in the pending state. Afterwards, it transitions to one of the two states: resolved or rejected . A resolved promise stands for a successful completion.