Woman seeks $62,814 from ex-fiance

I am from California too yurt and I have never understood engagements to about "periods of time to see if you are comaptible"...that's what dating is for.

"An engagement is a promise to marry, and also the period of time between proposal and marriage – which may be lengthy or trivial. During this period, a couple is said to be affianced, betrothed, engaged to be married, or simply engaged. Future brides and grooms are often referred to as fiancées or fiancés respectively (from the French word fiancé). The duration of the courtship varies vastly.

Long engagements were once common in formal arranged marriages and it was not uncommon for parents betrothing children to arrange such many years before the engaged couple were old enough to marry. In 2007, the average engagement time in the United States was 17 months,[1] but the figure around the world varies greatly depending on culture and customs."

let's see what else that wiki article says:

In some historical cultures (including colonial North America), the betrothal was essentially a trial marriage

i disagree on the historical. i know many who consider an extended trial period, along with a promise to marry. that is why many put it out for half a year or so.
 
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?

The engagement and the wedding expenses are two different things. She wasn't planning that wedding in a vacuum. The two got engaged and over the space of a year they planned and she made payments on a wedding. The wedding was for both of them, not just her. He went along with all the plans in the year of the engagement and in fact, attended a bachelor party and a shower.

He's responsible for at least half the costs.
 
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?

Are you saying that he "tripped and fell into the pussy"; as in Richard Pryor?
 
Do you understand that you're attempting to equate something occuring because of an accident and the guy knowingly fucking someone while he was engaged and a wedding was planned??

yes, you obviously don't know what an analogy is. :rolleyes:

maybe i should simplify things for you:

he got drunk, got a dui, spent the night in the drunk tank, missed his flight

happy now :fu:
 
Judge Judy always makes them give the ring back. She says it is a promise of intent. When that promise is broken, so is the intent and the ring goes back.
A good friend of mine finalized his divorce two months ago. His ex filed for it. They were negotiating the "stuff", and she brings out a long list: all the furniture, kitchen ware, appliances, exercise equipment, cars, televisions; all the crap that people bring into a marriage and collect over a ten year period. They had a rental condo that was originally his and a house they bought together. The only thing that wasn't on it besides clothes were his skis, because he already took those stored at my cabin so she'd forget about them.

She starts arguing every little thing on that list. They each had lawyers present at $200/ hour. After about an hour of that crap he tells her, disgustedly: "why don't you just take it all?" She looked at him in disbelief, and he said "All I want is my car (it had 200,000 miles on it) and the engagement ring I bought you." So she says, angrily: "Take the damn ugly earrings too- I'll never wear anything you gave me", and they signed the papers.

A few weeks later he goes to the jewelers where he bought the jewelry to have them appraised and insured. The jeweler's been in business for a long time and they've known each other forever. He says "I remember when you bought this ring. It was a special stone, and we don't get these in very often. I gave you a good price back then, and they've become even more rare." As I recall it was 3 or more carets- huge, and a perfect stone. The jewelery was worth $80,000. He knew the stuff was valuable since he bought it years previous, but he had no idea it was worth that much.

Since the real estate market is down she has near zero equity. All she walked off with is a bunch of used furniture and crap.
 
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...

My point earlier is that he isn't just, IMO, legally obligated to pay back his portion of the costs of the nuptials, he is also morally obligated.

We're not talking about moral obligations we're talking about legal. You yourself said above 'if the other wishes out', well in this case the lady who spent the money wishes out.
 
Do you understand that you're attempting to equate something occuring because of an accident and the guy knowingly fucking someone while he was engaged and a wedding was planned??

I would probably assume to that hooking up meets sleeping with someone but that isn't always the case. He could have been at a Vegas night club and hooked up with a girl on the dance floor.
 
damo...pleased find me any law that states an engagement is a contract. i can easily find you a plethora of law that states a marriage is a contract. you don't get an engagement license and you don't sign anything to get engaged. you have no legal rights to your fiance's property, its completely different than marriage. you don't have to go to court to break an engagement.

so far, the courts say you're wrong. at least in california. like i said, you advocate for an imperssible intrusion in our private lives. and most states are in agreement with california. it is not illegal to have an affair. she could still choose to marry him. people have done so before and even married people stay together. you're legislating people's sex lives.
In this case, the lawyer made the same argument I make. And she won.

Therefore precedent.

http://www.savvysugar.com/Man-Must-Pay-150000-Breaking-Engagement-Contract-1811321
 
We're not talking about moral obligations we're talking about legal. You yourself said above 'if the other wishes out', well in this case the lady who spent the money wishes out.
Actually "we" are talking about both. There are two issues, the legal issue where she spent money according to his assurance of fidelity and marriage, and the moral issue where the man knows he played this girl to the tune of 30K or so.

She isn't entitled to "pain and suffering" the law in California that Yurt is citing is clear on that, however monetary obligations are different, even more so if they were cohabiting. The reality is she had a reasonable assurance and verbal agreement, even sealed with what is legally called a "conditional gift", that he would then be faithful and fulfill the obligation that he took upon himself by first asking for her agreement, and then by gifting her with a symbol of the agreement.

He then, after she spent a small fortune, decided that his obligations meant nothing. That's fine, but married or not you are going to have to pay your share.
 
In this case, the lawyer made the same argument I make. And she won.

Therefore precedent.

http://www.savvysugar.com/Man-Must-Pay-150000-Breaking-Engagement-Contract-1811321

you're incredible damo. i give you appellate law, which is actual precedent, and you ignore it and continue to rant on about how its a contract. now you find one superior court jury case and proclaim -- see, i'm right, precedent! amazing how you choose to only believe the sources that fit your view. you usually don't do this.

jury decisions are not precedent. unless the case is upheld at an appellate court, it only applies to that case. and your link really gave very little information, so i have no idea if it actually supports what you claim it does.

now...if you can cite LAW that supports your claim, that would be great. a jury decision is not law. you claimed an engagement is the same as a marriage contract. i'm guessing you madly scoured the internet and didn't find anything to support your claim, so you give a link to a jury trial.
 
you're incredible damo. i give you appellate law, which is actual precedent, and you ignore it and continue to rant on about how its a contract. now you find one superior court jury case and proclaim -- see, i'm right, precedent! amazing how you choose to only believe the sources that fit your view. you usually don't do this.

jury decisions are not precedent. unless the case is upheld at an appellate court, it only applies to that case. and your link really gave very little information, so i have no idea if it actually supports what you claim it does.

now...if you can cite LAW that supports your claim, that would be great. a jury decision is not law. you claimed an engagement is the same as a marriage contract. i'm guessing you madly scoured the internet and didn't find anything to support your claim, so you give a link to a jury trial.
No, I didn't claim it was the "same" as a marriage contract. I said it was a verbal contract with evidence (the ring). There is a difference, as you well know. Especially in cases like this where they limit rewards and protect against claims of "pain and suffering". One cannot be forced to marry, however they do have responsibility towards the other who took action on their behalf due to their verbal agreement. In this case she spent money with that understanding, she is due some repayment for that money spent.
 
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...

My point earlier is that he isn't just, IMO, legally obligated to pay back his portion of the costs of the nuptials, he is also morally obligated.

No, I didn't claim it was the "same" as a marriage contract. I said it was a verbal contract with evidence (the ring). There is a difference, as you well know. Especially in cases like this where they limit rewards and protect against claims of "pain and suffering". One cannot be forced to marry, however they do have responsibility towards the other who took action on their behalf due to their verbal agreement. In this case she spent money with that understanding, she is due some repayment for that money spent.

you're claimed, that like a marriage, an engagement is a contract. provide law for that. there is no verbal contract. most courts disagree with me and all you have to proclaim you're right is some jury trial, while ignoring appellate decisions.

i looked at the link you provided and was amused that some responses were similar mine. you're asking the government to intrude into very private affairs. that kind of morality should not be legislated. you're basically setting it up so that the party who doesn't want to be sued, will simply go through the marriage to avoid a lawsuit. such an outcome is very real and entirely against the ethos of this country and is tantamount to forced labor.
 
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you're claimed, that like a marriage, an engagement is a contract. provide law for that. there is no verbal contract. most courts disagree with me and all you have to proclaim you're right is some jury trial, while ignoring appellate decisions.

i looked at the link you provided and was amused that some responses were similar mine. you're asking the government to intrude into very private affairs. that kind of morality should not be legislated. you're basically setting it up so that the party who doesn't want to be sued, will simply go through the marriage to avoid a lawsuit. such an outcome is very real and entirely against the ethos of this country and is tantamount to forced labor.
Taken out of the context of previous posts in the thread.

The reality is you know I was speaking of verbal contracts, and you can especially tell that when I specifically stated so and informed you that courts enforce them, with enough evidence that they actually took place. In this case evidence is legion.

I'm not asking the government to "intervene". If the man were of moral value she wouldn't have to sue, he'd own up to his obligation. In this case there is a victim. While I do not believe that she deserves "pain and suffering" payment, I do believe that she deserves recompense for what she spent with due assurances that it would be a shared debt/loss after the conclusion of the verbal portion of their agreement. One doesn't get to break contract (even verbal contract) without responsibility.

The law shouldn't deal with morality, but it should deal with reasonable expectations in regard to verbal agreements, especially ones that have such easily verified evidence. The man entered an agreement with her, failed to live up to his promise (not illegal, but definitely immoral) then believes he holds no responsibility for losses directly caused by a belief in regard to the agreement.

Tell me, if this were any other verbal agreement, with the same strength of evidence of the agreement, would you not believe that the aggrieved deserves monetary recompense for costs that could not be returned?
 
Taken out of the context of previous posts in the thread.

The reality is you know I was speaking of verbal contracts, and you can especially tell that when I specifically stated so and informed you that courts enforce them, with enough evidence that they actually took place. In this case evidence is legion.

I'm not asking the government to "intervene". If the man were of moral value she wouldn't have to sue, he'd own up to his obligation. In this case there is a victim. While I do not believe that she deserves "pain and suffering" payment, I do believe that she deserves recompense for what she spent with due assurances that it would be a shared debt/loss after the conclusion of the verbal portion of their agreement. One doesn't get to break contract (even verbal contract) without responsibility.

The law shouldn't deal with morality, but it should deal with reasonable expectations in regard to verbal agreements, especially ones that have such easily verified evidence. The man entered an agreement with her, failed to live up to his promise (not illegal, but definitely immoral) then believes he holds no responsibility for losses directly caused by a belief in regard to the agreement.

Tell me, if this were any other verbal agreement, with the same strength of evidence of the agreement, would you not believe that the aggrieved deserves monetary recompense for costs that could not be returned?

how can you say you are not asking the government to intervene when you want her to go to court...this is in fact allowing the government to intervene.

damo, apparently i'm not making myself clear to you. as i have repeatedly said, this type of agreement is not at all like any other agreement. like the courts in california state, these are intensely private matters and no place for the court. i do not want the courts involved in having someone be liable for the costs of a wedding should they choose at the last minute they don't want to get married. such a conclusion can only serve to have bullshit weddings. you refuse to ackknowledge this aspect of what you seek. no one should be forced, under duress of being liable, to marry someone. that is the result you will get if you allow courts to intervene. this type of agreement or promise really, cannot and should not be compared to any other promise.

if you get you way, watch out for an entire new area of law arising out of engagement contracts. i'm sure that will make my friends happy. i just had no idea you wanted to expand lawyer's role in society. you're awesome

:D
 
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