STAER V. SCHICK 10/1936

STAER V. SCHICK 10/1936

The court found no condition that the mother's consent was necessary for the validity of the engagement. The defendant breached the promise to marry for reasons not sufficient to excuse performance, entitling the plaintiff to damages.

Parties
Plaintiff: Staer; Defendant: Schick
Jurisdiction
Australia
Judgment Date
18 June 1937
Procedural Posture
Action for Damages for Breach of Promise of Marriage / Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Breach of Promise to Marry, Damages Assessment, Effect of Parental Consent, Contract Validity Conditions
Contract Law Family Law Breach of Promise to Marry Damages Assessment Effect of Parental Consent Contract Validity Conditions

Case Brief

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Parties

Staer

Plaintiff

Schick

Defendant

Procedural Posture

Action for Damages for Breach of Promise of Marriage / Judgment

Legal Issues

  1. 1 Whether there was a breach of promise of marriage
  2. 2 Whether the engagement was conditional on parental consent
  3. 3 Assessment of damages for breach of promise

Ratio Decidendi

The court found no condition that the mother's consent was necessary for the validity of the engagement. The defendant breached the promise to marry for reasons not sufficient to excuse performance, entitling the plaintiff to damages.

Court Disposition

Judgment for the plaintiff

Orders

  • Judgment for the plaintiff in the sum of £200 with costs of the action.
  • A stay of 60 days was granted.