This week’s column points out some of the pitfalls involved in entering into a marriage.
Travis and Taylor are a couple who have been dating during their last year and are planning to get married in a true “Love Story.” Travis uses his entire football career savings to buy Taylor a 10-carat diamond engagement ring. Taylor and her parents are busy preparing for the big wedding, but on the day of the ceremony, Travis gets cold feet and backs out.
Taylor is so angry that she can’t “Shake It Off.” She keeps the ring and sues Travis. Taylor claims humiliation, abandonment and physical problems. She is now taking an antidepressant and has a distrust of men she had never had before.
Travis wants his ring back; otherwise, he will have to keep playing football to survive. Will she win? Will he win? Will it be a “Cruel Summer” in Louisiana? The courts in Louisiana have recognized that the breach of a promise to marry can give rise to a claim for damages, but not specific performance. This means Taylor may be entitled to damages for money spent on marriage preparations, her wedding dress, mental anguish and damage to her reputation, but she cannot force Travis to go through with the marriage if he does not want to.
At the same time, Travis can have his diamond ring returned because gifts given in contemplation of marriage are annulled if the marriage does not occur.
David Doughty is an attorney with the law firm of Cotton, Bolton, Hoychick & Doughty.
