Williams v Macfoy
1937 · Unreported, Supreme Court, Freetown, 3 December 1937
Posted By lanbuk.com
- Facts
- The said the had promised to marry her. She relied on a letter he wrote to her mother saying he would marry her, and on a witness who heard him admit the promise years later.
- Issue
- Was there of the promise, and were available?
- Held
- Macquarrie J held the letter and the admission were corroboration. He refused punitive damages. She had had children by other men.
- Principle
- A promise to marry may be oral, but the plaintiff's word alone is not enough. Damages reflect the real loss, not a .
- Why it matters
- The leading Sierra Leone authority on corroboration in a breach of promise action.
Words and Latin in this note
- Penalty clause
- A sum in a contract that is out of all proportion to any real interest in performance. The court will not enforce it as a debt, and awards the actual loss instead. Open the note.
- Corroboration
- Independent evidence that confirms a witness in a material particular and implicates the accused. One witness is enough for most charges. Some offences fail without corroboration, and some witnesses call only for a warning. Open the note.
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