The facts of the scenario present a legal quagmire that requires a critical analysis, so as to distinguish law and morality. Jacob’s rights and cause of action is determined by the laws of the jurisdiction he is under.
Facts
Bella Goose broke up with Jacob Brown, and she’s now with Vampire Edmund Callen. Jacob was heartbroken by Bella; he had given her a promise ring to stay together forever. Jacob is not willing to fight Bella’s current boyfriend, Vampire Edmund Callen. However, Jacob is now seeking to sue Bella for the return of the ring for a breach of contract and heart-balm cause of action.
Issues
The issues are whether; Jacob and Bella had entered into a legal binding contract? Bella breached the contract (where a legal binding contract is established)? Jacob has any cause of action against Bella?
Rule
The “heart-balm doctrine” is a common law doctrine that thrived at a time when a spouse especially woman was considered as property and marriage as a hierarchy (Belleau, 2012). The breach of promise to marry, a heart-balm action, is established both in tort and contract (Heartblm Statutes and Deceit Actions, 1770). In New York State, a breach of promise cause of action is allowed. However, the state has created new actions for the recovery of property exchanged while contemplating a marriage that did not happen, damages limited to only what will return the parties back to their original position before marriage engagement (Civil Rights Law).
In some instances, contract law protects the property invested in the engagement by allowing recovery of gifts. No-fault divorce or a form of it is now available in every state (Confessore & Hartocollis, 2010).
Analysis
When Jacob presented Bella with the ring, he did so in anticipation of a marriage. After Bella dumped him, she breached the promise of marrying him. Jacob is entitled to pursue a cause of action for the breach of promise to seek recovery of his property/ring from Bella. This is because under the heart balm doctrine, James has an action against Bella for breach of promise.
In New York State, Civil Rights Law § 80-b, allows for the recovery of property exchanged in anticipation of marriage, where the marriage never happens. Furthermore, Jacob can recover the ring from Bella, as a breach by her, under a form of contract law known as No-fault divorce; which is applicable in New York State (Lipschutz v Kiderman, 2010).
Conclusion
In conclusion, Bella breached a promise to marry Jacob and therefore Jacob was entitled to recovery of the gift/ring he had given to Bella in anticipation of a marriage. The recovery of property is based in law; common law (Heart-balm doctrine; Breach of promise) and State statutes (Civil Rights Law and No-fault divorce law). Therefore, Jacob has both a cause of action in contract law and common law, for both breach of contract and heart-balm breach of promise.
References
Belleau, L. (2012). Farewell to Heart Balm Doctrines. Journal of the American Academy of Matrimonial Lawyers, 24, 365-390. Retrieved from http://www.aaml.org/sites/default/files/Belleau.pdf
Civil Rights Law § 80-b. Retrieved from http://codes.lp.findlaw.com/nycode/CVR/8/80-b
Confessore, N & Hartocollis, A. (2010, July 1). Albany Approves No-Fault Divorce and Domestic Workers’ Rights. N.Y. TIMES, pp. A21
Heartblm Statutes and Deceit Actions, 83 MICH. L.REV. 1770. Retrieved from http://www.jstor.org/discover/10.2307/1288972?uid=2129&uid=2134&uid=2&uid=70&uid=4&sid=21101710239737
Lipschutz v Kiderman, 2010 NY Slip Op 05989 [76 AD3d 178] July 6, 2010. Retrieved from www.courts.state.ny.us/courts/ad2/calendar/webcal//D27517.pdf
