Fender v Mildmay
1937 · [1938] AC 1
Posted By lanbuk.com
- Facts
- A man whose marriage was the subject of a decree nisi promised to marry another woman. The decree was later made absolute.
- Issue
- Is a promise to marry, made after decree nisi by a person who is still technically married, illegal?
- Held
- A fresh promise made after the decree nisi is enforceable. Promises made while the marriage was still a going concern are not.
- Principle
- Public policy forbids a promise by a married person to marry someone else. It does not forbid a promise once the court has said the marriage will be dissolved.
- Why it matters
- The contrast with Macfoy v Reffell, where there was no decree and the was the intercourse.
Words and Latin in this note
- Consideration
- The price of a promise: something of value given, or promised, in return. A bare promise to make a gift has none. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.