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Questions about Breach of Promise by Meghan Jones





Article Author Biography
Questions about Breach of Promise by
Article Posted: 03/15/2013
Article Views: 87
Articles Written: 575
Word Count: 639
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Questions about Breach of Promise


 
Law
When a person takes action against another person for withdrawing from an agreement or arrangement, it is called breach of promise. This action used to be very commonly used in different parts of the world. However, there are many jurisdictions even today that feel that if a person withdraws from an engagement, then one may take legal action against that person. Answered below are some of the commonly asked questions about breach of promise:

A person who is in the army supports his girlfriend and her two children. He paid the down payment for a new car which was $1,500, bought two new computers and paid half the rent. The girlfriend told the person that she is now getting married. Will it be possible for this person to get back all the money that he has spent? The person lives in the state of Texas?
As per the law of Texas, the person may be able to file a lawsuit against his girlfriend for breach of promise. This can be done if the person was supporting her and her children under the promise of marriage. However, the person will have to prove in court that he was supporting her and her children under the assumption that they would get married. In most situations, there is a chance that the girlfriend can tell the court that all the things that the person gave were actually gifts when she was in a relationship with him. The individual may stop any kinds of payments that he makes to her.

Is it possible to file a breach of promise against a landlord? The person’s landlord promised him in writing that he would be allowed to stay in the house at the time of foreclosure if he helped the landlord show the house. However, the person was given an eviction notice of 3 days even before the house could be shown?
Based on how the contract with the landlord was formed, it may not be considered to be a valid contract. A contract should have an offer, an acceptance and an exchange of goods or services for it to be valid. In the person case, the landlord had promised to let him stay at the house if he helped the landlord show the house. However, since he got the eviction notice before showing the house, a part of the contract was not completed at all. Hence, it may not be considered to be valid. Hence, the individual may not be able to take any action against the landlord.

An individual filed for a breach of contract in order to get back his/her engagement ring or $10,000 in the state of Arizona. His ex-girlfriend refuses to return the ring because he filed after the statute of limitations of 1 year. What action can the individual take in such a situation?
The statute of limitations for a breach of contract in the state of Arizona is not 1 year. The statute is 6 years. Hence, if the person has filed for the breach within 6 years, then he/she may be able to get back the ring or the money. Though the ex-girlfriend refuses to return the ring, the final decision will be taken by the court. The individual may claim in court that he had given her the ring with the belief that she would be his wife some day. However, since that did not happen, he should get back the ring.

Many times people may find themselves in the middle of a lawsuit for breach of contract. People may not know of the different consequences of a breach of promise. You may ask a lawyer if you want to know more or have any doubts that need to be cleared about breach of promise.

Related Articles - breach of promise, breach of promise suit, breach of promise lawsuit, what is breach of promise, consequences of breach of promise,

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