Tuesday, October 25, 2011

Bachelor Brad Womack Dumps Florida's Emily Maynard: Does Emily Have a Lawsuit?

The Bachelor on ABC-TV had its season finale last night, and Brad Womack chose South Florida's own Emily Maynard to be his fiancee. Sorta.

Hailing from Key West, single mom Emily (she's the mother to a five year old daughter, Rikki) was seen by millions last night, as Brad picked Emily from all the contestants to be his bride -- but wait: before the show ended, it was also announced that while Emily considers the couple to be engaged, she's not ready to pull up stakes and move to Austin, Texas, where Brad lives.

Hal Boedecker of the Orlando Sentinel called the finale "screwy" and he's right.

Today, news is that Brad has pulled the plug on the relationship and Emily shouldn't worry about considering the engagement as still being on. It's not. It's over.

You've seen the show -- it's been a hit for many years now, though few of the couples actually make it down the aisle.

Brad and Emily won't, we know this morning. Seems that Brad has already broken the engagement with Emily thought they kept this quiet as part of their contractual agreements with the TV show Powers That Be.

Does Emily Have a Lawsuit? What Florida Law Says About Broken Engagements
In most states, there are laws on the books for "breach of the promise of marriage." Here, the plaintiff has to provide evidence of things like:
  • an exchange of promises - a proposal and an acceptance;
  • that there was a break-up;
  • the parties could legally marry (they were legal adults, had the mental capacity, etc.); and
  • the damages sustained by the person who was dumped.
However, many states have abolished these statutes as being inappropriate for modern times. The legal status of women has changed in our society, and these contractual protections have been deemed unnecessary in many states.

Section 771.01 and 771.04 of the Florida Statutes abolished the cause of action for breach of a promise to marry as follows:
Certain tort actions abolished.--The rights of action771.01 heretofore existing to recover sums of money as damage for the alienation of affections, criminal conversation, seduction or breach of contract to marry are hereby abolished. History.--s. 1, ch. 23138, 1945.
No act done in state to give cause of action.--No act hereafter done771.04 within this state shall operate to give rise, either within or without this state, to any of the rights of action abolished by this law. No contract to marry hereafter made or entered into in this state shall operate to give rise, either within or without this state, to any cause or right of action for the breach thereof.
History.--s. 4, ch. 23138, 1945.

Personal Injury Law May Help In Some Cases - But Not All
Does an injured party have no legal redress? In some particularly agregious situations, Florida law may help. Other legal avenues may exist under personal injury law that might provide a basis for a legal case. Claims for tortious conduct, such as the infliction of emotional distress, may be applicable and allow for punitive damages.

However, these won't apply to every broken engagement and a lawyer would have to review each factual situation for its legal viability. Facts must be able to support the particular personal injury cause of action.
Elements of Intentional Infliction of Emotional Distress

For example, as explained in Johnson v. State Dept. of Health and Rehab. Services, 695 So.2d 927 (Fla. 2d DCA 1997) , Florida has defined the intentional infliction of emotional distress as involving the following:
  1. the wrongdoer's conduct was intentional or reckless;
  2. the conduct was outrageous, that is, as to go beyond all bounds of decency, and to be regarded as odious and utterly intolerable in a civilized community;
  3. the conduct caused emotional distress; and
  4. the emotional distress was severe.


By Bryant Esquenazi on March 15, 2011 2:30 PM

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