Psaltis v Schultz [1948] HCA 31

Psaltis v Schultz [1948] HCA 31

The promise to marry was enforceable. After a decree nisi had been pronounced, public policy did not invalidate an unconditional promise to marry where the decree could be made absolute within a reasonable time and the parties could lawfully marry before performance was due. The asserted mutual mistake did not go to the root of the contract, readiness and willingness was not defeated because the defendant repudiated before performance was due and the plaintiff could obtain decree absolute at short notice, and any variance between proof and pleading could be dealt with under the Common Law Procedure Act. The appeal was therefore dismissed.

Jurisdiction
Australia
Procedural Posture
Action for Damages for Breach of Promise of Marriage / Appeal to the High Court of Australia From the Full Supreme Court of New South Wales
Outcome
Appeal dismissed with costs.
Legal Topics
['breach of Promise of Marriage' 'decree Nisi and Decree Absolute' 'anticipatory Repudiation' 'mutual Mistake' 'implied Terms' 'readiness and Willingness to Perform' 'variance Between Proof and Pleadings']
['contract Law' 'family Law' 'public Policy'] ['breach of Promise of Marriage' 'decree Nisi and Decree Absolute' 'anticipatory Repudiation' 'mutual Mistake' 'implied Terms' 'readiness and Willingness to Perform' 'variance Between Proof and Pleadings']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Action for Damages for Breach of Promise of Marriage / Appeal to the High Court of Australia From the Full Supreme Court of New South Wales

Legal Issues

  1. 1 ['Whether an unqualified promise to marry made by or to a married woman after a decree nisi for dissolution of marriage but before decree absolute was void as contrary to public policy.' 'Whether the promise was void for mutual mistake because both parties believed the plaintiff was free to marry.' 'Whether the plaintiff had proved readiness and willingness to perform when the writ was issued before the decree nisi was made absolute.' 'Whether variance between the amended declaration and the facts found by the jury prevented judgment for the plaintiff.']

Ratio Decidendi

The promise to marry was enforceable. After a decree nisi had been pronounced, public policy did not invalidate an unconditional promise to marry where the decree could be made absolute within a reasonable time and the parties could lawfully marry before performance was due. The asserted mutual mistake did not go to the root of the contract, readiness and willingness was not defeated because the defendant repudiated before performance was due and the plaintiff could obtain decree absolute at short notice, and any variance between proof and pleading could be dealt with under the Common Law Procedure Act. The appeal was therefore dismissed.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']