Taylor v Davies

Facts

A breach of promise action in which the defendant had, before the writ, offered to marry and the plaintiff had refused.

Issue

Is a refused offer to marry a defence, and what are general damages for?

Held

Kingsley J treated the refused offer as a defence. He said that even if the plaintiff had succeeded, general damages would have been nominal, because she had escaped a disastrous marriage.

Principle

An offer to perform, refused before action, answers the claim. Sierra Leone courts have been slow to give substantial general damages for the loss of the marriage itself.

Why it matters

Use it with Berry v Da Costa. Injured feelings can be compensated. They are not automatically a large award.

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