Breach of promise


  • Broken promises
  • Breach of trust
  • Breach of faith
  • Unfulfilled promises

Description

Breach of promise is a common-law tort, abolished in many jurisdictions. It was also called breach of contract to marry, 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. If the man subsequently changed his mind, he would be said to be in "breach" of this promise and could be subject to litigation for damages. The converse of that was seldom true. The concept that "it's a woman's prerogative to change her mind" had at least some basis in law (though a woman might pay a high social price for exercising this privilege). Unless a dowry of money or property had changed hands, or the woman could be shown to have become engaged to a man only to enable her use of his money, a man could rarely recover in a "breach of promise" suit against a woman if he was even allowed to file one. Changing social attitudes toward morals have led to a decline in the number of legal actions in response to "". Most jurisdictions, at least in the English-speaking common-law world, have become increasingly reluctant to intervene in cases of personal relationships not involving the welfare of children or actual violence. Many of them have repealed all laws regarding such eventualities, and in others, the statute allowing such an action may technically remain on the books, but the action has become very rare and unlikely to be pursued with any probability of success. Arising in its stead are judicial opinions and/or statutes permitting a breach-of-contract action for wedding expenses incurred when the nuptials are called off or for loss of employment, moving and living expenses incurred by one party as a result of an engagement, which is later broken.
Source: Wikipedia

Incidence

In international relations, data reveals a concerning trend of treaty violations, with the Stockholm International Peace Research Institute reporting a steady increase in breaches of arms control agreements, reaching 566 instances between 2010 and 2020 alone. Economically, breaches of contracts plague businesses worldwide, with the Association of Certified Fraud Examiners estimating that organizations lose 5% of their annual revenues to fraud, a significant portion of which stems from contractual breaches. Moreover, in the realm of personal relationships, divorce rates continue to soar globally, with the United Nations reporting that divorce rates have doubled over the past two decades in many regions, indicating a prevalent failure to uphold marital promises. 

Claim

  1. Breach of promise undermines the very fabric of trust in society, leading to a breakdown of essential relationships and institutions. When promises are broken, whether in personal, professional, or diplomatic spheres, the resulting distrust erodes cooperation, stifles progress, and fosters a culture of cynicism. This erosion of trust can have far-reaching consequences, from stalled peace negotiations between nations to shattered marriages and fractured business partnerships. Without trust, the foundations of civilized interaction crumble, leaving individuals and communities vulnerable to exploitation and isolation.

  2. The epidemic of breach of promise exacts a heavy toll on global economies, siphoning off trillions of dollars annually through contract disputes, fraud, and failed business ventures. According to the World Bank, contractual disputes alone cost businesses an estimated $871 billion globally each year, stifling innovation, deterring investment, and impeding economic growth. Moreover, breaches of promise contribute to a climate of uncertainty that undermines consumer confidence, dampening spending and hindering market stability. In an increasingly interconnected world, where trust and reliability are paramount, the prevalence of breach of promise poses a significant threat to sustainable economic development and prosperity.

  3. Breach of promise perpetuates cycles of injustice and inequality, disproportionately affecting marginalized communities and exacerbating social tensions. Whether in the form of broken political pledges, reneged commitments to provide aid and assistance, or discriminatory practices in employment and housing, breaches of promise perpetuate systemic injustices that perpetuate cycles of poverty and disenfranchisement. According to Amnesty International, marginalized groups such as women, minorities, and indigenous peoples are particularly vulnerable to promises made and subsequently broken by those in positions of power. This perpetuates a sense of powerlessness and disenchantment with the institutions meant to protect and serve, further eroding social cohesion and exacerbating divisions within society.

Counter claim

  1. Breach of promise, while unfortunate, is an inherent risk in any human interaction and is often blown out of proportion. People make promises based on intentions at the time, but circumstances can change, rendering the promise unfeasible or impractical to fulfill. In many cases, breaches of promise are minor and inconsequential, merely reflecting shifts in priorities or unforeseen obstacles rather than deliberate deception or malice.

  2. The legal system provides adequate recourse for addressing breaches of promise, rendering it a manageable issue rather than a widespread crisis. Contract law, for instance, offers mechanisms for resolving disputes and holding parties accountable for failing to honor their commitments. While breaches of promise can lead to litigation and financial repercussions, the existence of legal safeguards mitigates the potential harm and ensures a fair and equitable resolution process.

  3. In the grand scheme of global challenges, breach of promise pales in comparison to pressing issues such as poverty, climate change, and geopolitical conflicts. While breaches of promise can cause individual hardship and strain relationships, they do not pose existential threats to humanity or the planet. Redirecting attention and resources toward addressing more urgent issues would yield greater societal benefits and foster meaningful progress toward a more just and sustainable world.


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