Stanard v. Bolin

565 P.2d 94, 88 Wash. 2d 614, 1977 Wash. LEXIS 793
CourtWashington Supreme Court
DecidedJune 2, 1977
Docket44544
StatusPublished
Cited by26 cases

This text of 565 P.2d 94 (Stanard v. Bolin) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stanard v. Bolin, 565 P.2d 94, 88 Wash. 2d 614, 1977 Wash. LEXIS 793 (Wash. 1977).

Opinions

Hamilton, J.

This appeal presents the question of whether the common-law action for breach of promise to marry should be abolished. The trial court concluded that the action was contrary to public policy and dismissed the plaintiff's (appellant's) complaint with prejudice under CR 12(b)(6) for failure to state a claim upon which relief can be granted. We accepted review and conclude that the action is not contrary to public policy.

Because plaintiff's complaint was dismissed under CR 12(b)(6), the factual contentions of her complaint must be accepted as true for purposes of review. Barnum v. State, 72 Wn.2d 928, 435 P.2d 678 (1967). Plaintiff's complaint stated two claims for relief. Both claims alleged the [616]*616same facts but prayed for different damages. We will first set forth the facts and conclude with plaintiff's prayers for relief.

In October 1974, plaintiff and defendant (respondent) were introduced to each other by mutual friends, and their courtship developed soon thereafter. During the course of their courtship, defendant assured plaintiff that he was worth in excess of $2 million, was planning to retire in 2 years, and that the two of them would then travel. Defendant also promised plaintiff that she would never have to work again and that he would see to the support of her two teen-age boys. He also promised to see that the plaintiff's mother would never be in need.

On September 22, 1975, plaintiff accepted defendant's proposal of marriage. Thereafter, defendant took her to a jewelry store and purchased an engagement ring and matching wedding rings. The parties found a suitable home for their residence and signed the purchase agreement as husband and wife. At the insistence of defendant, plaintiff placed her home on the market for sale and sold most of her furniture at a public auction. The parties set December 13, 1975, as their wedding date, reserved a church, and engaged a minister to perform the service. Dresses for plaintiff, her mother, and the matron of honor were ordered, and a reception was arranged at a local establishment. The parties began informally announcing their plans to a wide circle of friends. After the wedding date was set, plaintiff's employer hired another person and requested plaintiff to assist in teaching the new employee the duties of. her job.

On November 13, 1975, defendant informed plaintiff that he would not marry her. This came as a great shock to plaintiff and caused her to become ill and lose sleep and weight. Plaintiff sought medical advice and was treated by her physician. Plaintiff also had to take her home off the market and repurchase furniture at a cost in excess of that which she received for her older furniture. In addition, [617]*617plaintiff was forced to cancel all wedding plans and reservations, and to explain to her matron of honor, her mother, and her children, that she was not marrying. Plaintiff was also obliged to return wedding gifts and to face her friends and neighbors, each of whom felt entitled to an explanation.

In her first claim for relief, plaintiff sought damages to compensate her for her pain, impairment to health, humiliation, and embarrassment. Plaintiff's second claim sought damages to compensate her for her loss of expected financial security.

The breach-of-marriage-promise action has its origins in the common law. Professor Clark, a well-known authority on family law, has posited that 17th century English conceptions of marriage as largely a property transaction caused the English common-law courts to intervene in a subject matter which, up until the 17th century, had been almost exclusively under the jurisdiction of the ecclesiastical courts. See H. Clark, The Law of Domestic Relations in the United States 2 (1968) (hereafter cited as Clark). In any event, the action was carried forward into the common law of Washington (see RCW 4.04.010) and was recognized by this court as early as 1905. See Heasley v. Nichols, 38 Wash. 485, 80 P. 769 (1905). Because the action has its origins in the common law and has not been acted upon by the legislature, it is proper for us to reexamine it and determine its continued viability in light of present-day society. See Freehe v. Freehe, 81 Wn.2d 183, 500 P.2d 771 (1972); Pierce v. Yakima Valley Memorial Hosp. Ass'n, 43 Wn.2d 162, 260 P.2d 765 (1953); Wyman v. Wallace, 15 Wn. App. 395, 549 P.2d 71 (1976).

The breach-of-promise-to-marry action is one not easy to classify. Although the action is treated as arising from the breach of a contract (the contract being the mutual promises to marry), the damages allowable more closely resemble a tort action. Thus, the plaintiff may recover for loss to reputation, mental anguish, and injury to health, in [618]*618addition to recovering for expenditures made in preparation for the marriage and loss of the pecuniary and social advantages which the promised marriage offered. In addition, some states allow aggravated damages for seduction under promise to marry and for attacks by the defendant on the plaintiff's character. Furthermore, some states allow punitive damages when the defendant's acts were malicious or fraudulent. For a comprehensive discussion of the damages allowable under a breach-of-promise-to-marry action and a collection of cases, see Annot., Measure and elements of damages for breach of contract to marry, 73 A.L.R.2d 553 (1960), and C. McCormick, Handbook on the Law of Damages 397-406 (1935).

The action in its present form is subject to almost uniform criticism by the commentators, although our research has not disclosed any cases in which a court has abolished the action.1 In essence, these criticisms are: (1) the action is used as an instrument of oppression and blackmail; (2) engaged persons should be allowed to correct their mistakes without fear of publicity and legal compulsion; (3) the action is subject to great abuse at the hands of gullible and sympathetic juries; (4) it is wrong to allow under the guise of contract an action that is essentially tortious and penal in nature; and, (5) the measure of damages is unjust because damages are allowed for loss of social and economic position, whereas most persons marry for reasons of mutual love and affection. See1, e.g., 1 C. Vernier, American Family Laws 26-27 (1931); Brown, Breach of Promise Suits, 77 U. Pa. L. Rev. 474 (1929); Wright, The Action for [619]*619Breach of the Marriage Promise, 10 Va. L. Rev. 361 (1924); White, Breach of Promise of Marriage, 10 L. Quar. Rev. 135 (1894). Although some of these criticisms are not without merit, we do not believe they justify an outright abol-ishment of the action.

When two persons agree to marry, they should realize that certain actions will be taken during the engagement period in reliance on the mutual promises to marry. Rings will be purchased, wedding dresses and other formal attire will be ordered or reserved, and honeymoon plans with their attendant expenses will be made.

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Bluebook (online)
565 P.2d 94, 88 Wash. 2d 614, 1977 Wash. LEXIS 793, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stanard-v-bolin-wash-1977.