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prepheckt

Is getting engaged a binding legal contract?

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http://www.msnbc.msn.com/id/25846393/
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Men (or women) who decide to get on bended knee: Be warned. You could find yourself on both knees, facing a judge instead of a justice of the peace.

That’s what happened in Florida this week, when a woman was awarded $150,000 after suing her former fiancé for calling off their wedding.

For RoseMary Shell, the jilted bride-to-be who left a high-paying job in Pensacola to live with her prospective partner in Gainesville, there was a “wow” in lieu of a vow.

“[I was] a little bit [surprised], but I was thrilled,” Shell told TODAY’s Meredith Vieira on Friday. “But I felt like justice was really done.”

For Wayne Gibbs, the ex-fiancé, a case of cold feet came at a price.

“Mr. Gibbs feels that the verdict did not accurately reflect the evidence and will appeal,” Hammond Law, Gibbs’ attorney, told TODAY in a statement. “In addition, there are significant legal questions to address, including, but not limited to, whether or not breach of promise to marry is a viable action under Georgia law in 2008.”

From bliss to diss
It was 2001 when Shell and Gibbs, who were each divorced with grown children, met through mutual friends and began dating.

According to Shell, the couple had intended to get married when her youngest son went off to college in 2005. When that didn’t happen, she broke up with Gibbs and moved to Pensacola, where she landed a human resources job that paid $81,000 with benefits. Trying to carry on with her life, she started to date someone new.

But in October 2006, Gibbs asked her to move back to Gainesville — and he proposed with a 2-carat diamond ring. Shell said yes. A wedding date of Dec. 2 was set.

About a month after Shell moved back in with Gibbs, however, Gibbs expressed second thoughts in a note he left in their bathroom: He wanted to postpone the wedding.

Gibbs and Shell stayed together a few more months before officially parting in March 2007. Shell chose to take legal action and sued three months later.

“Primarily because he made a promise to me and I relied on that promise and gave up a lot of things because of that promise,” Shell explained.

“And I suffered significantly for it,” she added. “I just felt like people shouldn’t be allowed to do people that way.”

During the three-day trial, Shell testified that she had given up a good salary with benefits to move back with Gibbs. In her current job, in the accounting department at North Georgia College and State University, Shell is making $31,000 a year.

Gibbs testified that he took Shell on several skiing trips during their renewed partnership, made house payments for her, and gave her $30,000 to pay off some of her credit-card debt. He claimed he got cold feet after learning she had even more debt.

Shell disputed that Gibbs was unaware of her overall debt of $42,000. “It’s simply not true,” Shell told Vieira. “We discussed my debts before I left Florida. We discussed my debts when I came back from Florida. He had a list. He knew exactly what I owed. That’s all just kind of a smokescreen.”

A precedent?
After hearing the case, a Hall County jury awarded Shell $150,000 on Wednesday.

Lydia Sartain, Shell’s attorney, said her only reservations about taking on the case were over the “conservative” nature of area residents who might make up the jury.

“We really debated quite extensively whether to bring the case,” Sartain said. “But we just felt so strongly that in this case he had told her to quit her job and she relied on his promise. He came to her in Florida and moved her back into his house, took steps above and beyond the usual ‘Will you marry me, let’s plan a wedding’ and then somebody backs out.”

“Really, we believe now that he never intended to follow through on the promise to marry,” Sartain added.

Sartain also told Vieira that she hopes the case sets a precedent that an engagement can be a binding contract: “When you give your word to do something and you cause people to rely on it to their detriment, then you may be held accountable for any damages that you cause.”

As for her engagement ring, which she displayed to Vieira and TODAY viewers, Shell said she does not know the value — but she will try to sell it.

“It means nothing now,” she said.



Is this ethical? I know you shouldn't ask someone to get married unless you mean it, but suing for $150K? I can see where the lady feels slighted, and pissed off but people do get cold feet right? I'm not married, or ever been engaged, so I have no basis for comparison.
"Dancing Argentine Tango is like doing calculus with your feet."
-9 toes

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Is this fair? I know you shouldn't ask someone to get married unless you mean it, but suing for $150K? I can see where the lady feels slighted, and pissed off but people do get cold feet right? I'm not married, or ever been engaged, so I have no basis for comparison.




Sorry, but she's a bitch that this case is wrong. Look, Marriage IS a legal contract, that's one of the many points of it. An agreement to be married is not. Okay, so she was wronged, had a broken heart, and sues?!?! I'm worried most about the precedent this would set...but some girl, who get's her heart burned, and obviously look for a way to dig herself out of dept is an abuse of ze' legal system.
=========Shaun ==========


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Is this fair? I know you shouldn't ask someone to get married unless you mean it, but suing for $150K? I can see where the lady feels slighted, and pissed off but people do get cold feet right? I'm not married, or ever been engaged, so I have no basis for comparison.




Sorry, but she's a bitch that this case is wrong. Look, Marriage IS a legal contract, that's one of the many points of it. An agreement to be married is not. Okay, so she was wronged, had a broken heart, and sues?!?! I'm worried most about the precedent this would set...but some girl, who get's her heart burned, and obviously look for a way to dig herself out of dept is an abuse of ze' legal system.


prenuptial agreement for engagement [:/]
Skymama stalker #69!!!!

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Is this ethical?



It's hard to say with such limited information. But apparently the jury thought it was fair.




I meant to ask if it was ethical to do so. I changed it above and in the original post.
"Dancing Argentine Tango is like doing calculus with your feet."
-9 toes

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Frankly, I'm surprised the case even made it to trial, because the archaic cause of action of "breach of promise to marry" has pretty much been abolished in the US. Most attempts (like this one) to do an end-run around that are dismissed by the court before the case ever gets to trial. With that in mind, if this case is appealed, it should be interesting to see how that particular issue is handled by an appellate court.

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I don't know. With the limited information, my opinion is that she is an adult who made a decision to give up a high-paying job to go live with some dude, and it turned out to be a bad decision.

Personally, I can't imagine doing that and then thinking that the guy somehow owed me any money, even if he had made all sorts of big "promises."

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I wanna go back and sue all the girls I bought dinner/drinks for that didn't put out. Even if they don't have to pay but $10 a piece-I'd be golden:D:D:D



You bought women dinner so they'd sleep with you? What a cad.:DB|;)
"Dancing Argentine Tango is like doing calculus with your feet."
-9 toes

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Frankly, I'm surprised the case even made it to trial, because the archaic cause of action of "breach of promise to marry" has pretty much been abolished in the US. Most attempts (like this one) to do an end-run around that are dismissed by the court before the case ever gets to trial. With that in mind, if this case is appealed, it should be interesting to see how that particular issue is handled by an appellate court.



I'd like to have seen the complaint and the theory under which it was brought, rather than a mere news synopsis.

As near as I can tell--based on what was posted--it had less to do with a broken engagement, per se, than it did with the idea that she gave up a whole new life and a decent income because he said, "quit your job, come back, marry me."

Had he not done that, I doubt she'd have gotten a dime. Then too, if he hadn't so disrupted her life, I got the impression she wouldn't have bothered to sue.

I'll be interested to see what the appellate court has to say.
If you don't know where you're going, you should know where you came from. Gullah Proverb

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You bought women dinner so they'd sleep with you? What a cad.:DB|;)




No No No No, I bought women dinner so they would go out with me. I bought them drinks so that they would sleep with me. Geesh, gotta spell it all out for some people:D
You are only as strong as the prey you devour

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You bought women dinner so they'd sleep with you? What a cad.:DB|;)




No No No No, I bought women dinner so they would go out with me. I bought them drinks so that they would sleep with me. Geesh, gotta spell it all out for some people:D


Either way, it still didn't work did it??;);)
"Dancing Argentine Tango is like doing calculus with your feet."
-9 toes

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You bought women dinner so they'd sleep with you? What a cad.:DB|;)




No No No No, I bought women dinner so they would go out with me. I bought them drinks so that they would sleep with me. Geesh, gotta spell it all out for some people:D


Either way, it still didn't work did it??;);)


Have you met him? You'd see why... :D
"Mediocre people don't like high achievers, and high achievers don't like mediocre people." - SIX TIME National Champion coach Nick Saban

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Is this fair? I know you shouldn't ask someone to get married unless you mean it, but suing for $150K? I can see where the lady feels slighted, and pissed off but people do get cold feet right? I'm not married, or ever been engaged, so I have no basis for comparison.




Sorry, but she's a bitch that this case is wrong. Look, Marriage IS a legal contract, that's one of the many points of it. An agreement to be married is not. Okay, so she was wronged, had a broken heart, and sues?!?! I'm worried most about the precedent this would set...but some girl, who get's her heart burned, and obviously look for a way to dig herself out of dept is an abuse of ze' legal system.



Unstable
Ever found yourself defending a noncommitment of marriage? Just giving you a hard time brother I know your story and I hope that her family does not watch the florida news!
www.greenboxphotography.com

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Jesus, an you people wonder why your country is in the mess it's in.
Try deleting SUE from your dictionary for a decade an see what happens.

Ooh, I stubbed my toe on the sidewalk, thats good for $100,000
Your system is MAD.



on a side note vote Mcain, You know it's right for you an for the world

Gone fishing

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Without understanding a lot of the particulars that the jury heard, it is hard to say.

In Florida, oral contracts are only binding for one year and $1000.

However, when I was buying my current house, the seller was complaining that he put his "fiance" on the deed because they would "soon" be married. He put up all the money.

In 6 months, she dumped him and demanded her half of the house - $12,000. In front of the real estate agent, I told him that he was lucky to have been educated so cheaply.

So, I'd say to this guy, $150K was probably cheap.
He was lucky to stop when he did. There may have been a long term plan that was really expensive.

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Why didn't she have to sue in Georgia-or am I misreading?



Hall County is in Georgia.

The confusion arises because both Georgia and Florida boast cities named Gainesville.
If you don't know where you're going, you should know where you came from. Gullah Proverb

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The summary on Fark:

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Jilted bride-to-be sues her ex-fiancé for not being enough of a sugar daddy, wins $150K and the respect of golddiggers everywhere


"There are only three things of value: younger women, faster airplanes, and bigger crocodiles" - Arthur Jones.

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Hi heck,
"Anybody can sue anybody else for anything!!" There are no rules, it's like "Getting Pied" at the DZ, there really are no rules "Anybody can pie anybody else for anything!!" Just remember though, "Paybacks can be a real bitch!!"

In the old Amos and Andy radio show, one of Andy's girlfriends, "Madam Queen," sued him for "Breech of promise" using the Law firm of "Steel, Stone, Hardrock and Flint" while Andy's Lawyer was the famous "Algonquin P. Calhoun!!" BTW, Madam Queen lost!!
SCR-2034, SCS-680

III%,
Deli-out

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