Local news story reminds us of Contract Law remedies (breach of promise to marry)

The Wilmington Star News and WWAY reports today that “Orton Plantation backs out of contracts for upcoming weddings.” The article  suggests that as a result of Louis Moore Bacon’s, a billionaire hedge fund trader, purchase of the plantation that contracts to host weddings at the plantation will not be honored.

These couples are facing huge damages according to the article in that they have already booked vendors and entered into other contracts from which they may not be able to extricate themselves. Flowers, cakes, catering, hotels, etc. all cost money and a botched wedding may cost a couple tens of thousands of dollars. According to one website, the average cost of a wedding in the Wilmington, NC area is between $17,122 and $28,536.  Some couples and their families spend significantly more. Chelsea Clinton’s wedding reportedly cost between $3 and $5 million according to various websites. Given the high stakes, couples should consult with an attorney for legal advice when planning their wedding but few actually do.

Contract law in North Carolina allows a lawsuit for breach of contract and in some cases, for specific performance. It is important to consult an attorney for legal advice before signing a contract for these services. The contracts that the vendor asks you to sign are often written in their favor after consulting with their lawyer. But even so, a vendor who breaches a contract may be subject to a lawsuit to recover damages and in some cases, may be ordered to perform the contract.

Just as a couple might be able to bring a lawsuit for breach of contract against a vendor who fails to perform, the would-be bride (or groom) may also be able to bring a lawsuit against their former fiancee for breach of contract. North Carolina recognizes a claim by a person engaged to be married against another who breaks the engagement for “breach of promise to marry.” Any person, who without justification, fails to carry through with a promise to marry is subject to suit for damages. These claims have been filed in New Hanover County and upheld.  And a breach of promise to marry is one of the few contract claims that allows for punitive damages.

The potential damages in a breach of promise to marry case are significant. Couples planning marriage should have an attorney help guide them through the process to avoid the potential pitfalls. Wedding planners are typically not licensed to practice law and therefore, can’t give legal advice about the contracts that need to be signed.  In addition to dealing with prenuptial agreements — some designed to help preserve a marriage — attorneys may now be helping couples deal with the legal issues associated with planning their wedding.