Is breach of promise to marry a shield or a relic?
Does retaining the Common Law action for breach of promise to marry serve as a shield for betrayed partners, or is it an outdated instrument for vexatious litigation? One of the most intellectually vibrant debates in modern family jurisprudence in Ghana is the survival of the Common Law action for breach of promise to marry. […]
The ongoing debate in modern family law in Ghana revolves around the continued existence of the Common Law action for breach of promise to marry. While jurisdictions like England and the United States have abolished this legal cause of action in favor of a more socially protective approach, Ghana has retained it. This divergence in policy stems from differing policy perspectives on the issue, with some countries viewing the action as obsolete, while others consider it a necessary shield for vulnerable partners.
To understand why Ghana maintains this law, it is essential to consider its historical origins and the socio-legal context in which it operates.
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