It's long past "plans" then there is no return.some states believe the ring is the symbol of the promise. which is different from the actual wedding plans <-- key word being plans. at least that is how i understand it.
It's long past "plans" then there is no return.some states believe the ring is the symbol of the promise. which is different from the actual wedding plans <-- key word being plans. at least that is how i understand it.
No, my solution is to simply pay back what you caused. The reality is an engagement is a verbal contract that this kid broke. And if he married then divorced in a week, he'd still owe the money. I could care less whether it is "legally" or not, morally the guy owes her the money.thats not what i said at all. i'm saying, YOUR solution is to have the guy go through with the wedding just to avoid any liability for damages. do you really want that?
fact is, in most weddings and likely this one, she agreed to bear the costs. there is always a risk that he will back out or someone will speak against the wedding. if you start allowing liability for backing out of marriages, you are allowing the government to greatly intrude on privacy and matters, which as the court noted, have no place being judged by a court or jury.
california has wisely legislated my point of view and the case i gave you explains it quite well. whats next damo? if a girlfriend makes plans to go hawaii, buys the tickets and then the couple breaks up....the other person is responsible for half simply because he agreed to go? the courts will be inundated and people will now have to engage lawyers to help them sign contracts freeing them from liability in case they break up!
UOTE=Damocles;787264]No, my solution is to simply pay back what you caused. The reality is an engagement is a verbal contract that this kid broke. And if he married then divorced in a week, he'd still owe the money. I could care less whether it is "legally" or not, morally the guy owes her the money.
Again, she isn't going to marry the guy because he's been wandering into disease land following his gonads, this is a condition of the engagement contract. It's stupid to say he could "just marry her"... It isn't an option. She spent that money with due expectation that he would keep the contract. He didn't.
It's long past "plans" then there is no return.
Not really, no other "promise of the heart" involves sealing the deal with a ring, or the planning and spending unrefundable money. If you can't keep your promise and keep the "little guy" from wandering around in disease-lan, then the moral thing to do is to break it off before they spend the money, but if they've already spent it you should pay it back.its not a contract. period. you can try and call it that all day long but it won't make it so. you would have us have the ability to haul anyone in court who broke a promise in affairs of the heart. such is a dangerous intrusion into our private lives. yes, morally, he should pay it back, i already said that. you're arguing that we should give the government power of that aspect of our lives and that is a gross intrusion on matters of the heart.
then to bad for her. if she won't marry him, but he is willing to marry her, she has zero claim. your claim of disease is wholly unfounded and is intended as an emotional appeal to help this girl win her case. its beneath you. good lord, you're advocating now that the courts and our states should legislate morality when it comes to affairs. why not just make them illegal and bring us back to the dark ages damo? put a scarlett letter on the guy.![]()
Again, they aren't. There is a functional purchase when funds are unrefundable. You are past "planning" to spend the money.they are still plans until it happens. i could have the tickets line up, the hotel lined up and be driving to the airport for my planned vacation and get into a wreck, making it impossible for me to go on my planned vacation. wouldn't you say that my "plans" went awry because of the accident?
Again, they aren't. There is a functional purchase when funds are unrefundable. You are past "planning" to spend the money.
Many companies/businesses can and do make allowances for emergency circumastances-if they do not the cost is on you.
I think the woman is entitled to recover any out of pocket costs-but should drop the infliction of pain amt. She should consider herself paid in full on that regard just from the knowing of what she has escaped from.
Again, they aren't. There is a functional purchase when funds are unrefundable. You are past "planning" to spend the money.
True. The "pain" part is not reasonable. One is taking on a certain amount of risk in that department when entering the engagement.Many companies/businesses can and do make allowances for emergency circumastances-if they do not the cost is on you.
I think the woman is entitled to recover any out of pocket costs-but should drop the infliction of pain amt. She should consider herself paid in full on that regard just from the knowing of what she has escaped from.
Airlines will almost always give you your money back, and when they will not tickets are trasnferable for a small fee. Weddings are not transferable, not even for a large fee. One can take their Maid/Matron of Honor on a wild trip to say Vegas and fill their life with irony, but one cannot instead marry their Maid/Matron of Honor.the vacation is still planned. that is what the money is for.
should the airlines give you your money back? what if you simply decided you didn't want to go? should the airlines and the hotel give you your money back because you had a change of heart?
Not really, no other "promise of the heart" involves sealing the deal with a ring, or the planning and spending unrefundable money. If you can't keep your promise and keep the "little guy" from wandering around in disease-lan, then the moral thing to do is to break it off before they spend the money, but if they've already spent it you should pay it back.
And, IMO, in the case of weddings it should be required. She spent the money with a reasonable expectation it would be shared debt/loss. In this case she simply wants to enforce the "shared" expense. The guy should, at the very least pay back half. But IMO is morally obligated as the one who broke the verbal contract to pay it all.
Airlines will almost always give you your money back, and tickets are trasnferable for a small fee. Weddings are not transferable, not even for a large fee.
Courts can and do enforce verbal contracts if you have evidence of the contract. In this case there is more than enough evidence of the verbal agreement that he stepped out on. And again, there is no reasonable expectation that she would marry him after he broke the contract. They took on a shared debt/loss in accordance with a reasonable expectation of his ability to fulfill his part of the bargain. He was unable to do his part and broke the contract before the contract expired (the date of the ceremony that was paid for according to that same contract).and you want the courts to enforce this morality. you will then have the exact situation i mentioned, where the guy or girl will simply go through the marriage just to avoid any liability for the costs and get a quick divorce a week later.
Courts can and do enforce verbal contracts if you have evidence of the contract. In this case there is more than enough evidence of the verbal agreement that he stepped out on. And again, there is no reasonable expectation that she would marry him after he broke the contract. They took on a shared debt/loss in accordance with a reasonable expectation of his ability to fulfill his part of the bargain. He did not fulfill it.
damo....there is no contract in an engagement. everyone knows that engagements are merely a promise to want to get married and engagements are broken all the time. the very purpose of the engagement period is to see if you are compatible. its ludicrous to hold people to a "contract" when its merely a promise they WANT to get married, but actually may not. that is the whole point of the engagement period, to wait and see if they actually want to get married.
do you have a different understanding of the engagement period?
It's not about a period of time to "see if you are comapatible". Engagements are betrothals i.e. promises to marry. Contractually speaking this woman does have a case.
not in california
i've always understood engagements (in modern times) to be a promise to marry, but, also a period of time to make sure you both want to get married.
Not true, just as a marriage is a contract, so too is engagement. The agreement allows for reasonable expectation so that one can spend the money with assurance and should be paid back if the other wishes out of the more permanent contract without an expiry date, or if they fail to uphold the promise. Very few people spend this kind of money on this stuff without that assurance. Only that one lady who was on TV who "planned the perfect wedding" but simply never was engaged...damo....there is no contract in an engagement. everyone knows that engagements are merely a promise to want to get married and engagements are broken all the time. the very purpose of the engagement period is to see if you are compatible. its ludicrous to hold people to a "contract" when its merely a promise they WANT to get married, but actually may not. that is the whole point of the engagement period, to wait and see if they actually want to get married.
do you have a different understanding of the engagement period?
Not true, just as a marriage is a contract, so too is engagement. The agreement allows for reasonable expectation so that one can spend the money with assurance and should be paid back if the other wishes out of the more permanent contract without an expiry date, or if they fail to uphold the promise. Very few people spend this kind of money on this stuff without that assurance. Only that one lady who was on TV who "planned the perfect wedding" but simply never was engaged...