Heart Balm Acts

Statutes that abrogate or restrict lawsuits brought by individuals who s

eek pecuniary damages to salve their broken hearts.
Heart balm actions are founded on the precept that the law disfavors a
ny intrusion with the marital relationship or family ties. Such suits inclu
de actions for Breach of Marriage
Promise, alienation of affection, criminal conversation, and seduction.
Breach of Marriage Promise
Breach of promise actions are based on the theory that a promise mad
e should be kept. A subscription to this principle, however, defeats the
purpose of the engagement period prior to marriage that is designed t
o determine whether or not the couple is sufficiently compatible to get
married. In certain situations, however, one party might take advantag
e of the other, as where a woman becomes engaged to a man merely f
orthe purpose of gaining access to substantial wealth. In such cases, br
each of promise actions can be utilized to compensate the individual w
hohas been injured from such a relationship.
A number of states, however, have eliminated breach of marriage pro
mise suits.
Alienation of Affection and Criminal Conversation
A legal action may be brought against an individual who intrudes upon
a marital relationship. Alienation of affection means interfering in such
manner as to win away the love of a husband or wife from his or her sp
ouse.
Criminal conversation is Adultery. Conversation is used to mean sexual
relations in this context. These actions were designed to protect thesan
ctity of marriage and the family relationship. Today, suits for alienation
of affection and criminal conversation have been abolished in most
states.
Seduction
The right to sue for seduction belonged to a father who could bring an
action against a man who had sexual relations with his daughter.
At Common Law,
the daughter did not ordinarily have the right to sue on her own behalf
. A woman who was seduced by a marriage promisecould sue for breac
h of promise if the marriage did not take place. If she became sexually i
nvolved with a man due to force or duress, she mightbe able to bring a
ction for rape or assault. The general rule was, however, that regardles
s of whether the woman was an adult or a minor, herseduction was reg
arded as an injury to her father.
In early cases, a father was permitted to be awarded pecuniary damag
es only as compensation for services that he lost as a result of theseduc
tion. Subsequently, fathers were also allowed to recover Compensator
yDamages for medical expenses, as well as damages for distressor sorr
ow.
Seduction suits are very seldom brought in modern times and have bee
n abolished by some states. One of the primary reasons for this is thatt
hey publicize the individual's humiliation.
Limitations on Heart Balm Actions
A majority of judges and legal scholars are in agreement that all heart b
alm suits should be eliminated. Most states have enacted heart balm
statutes that place limitations upon the amount of recovery. The aboliti
on of heart balm suits does not, however, prevent either individual fro
m
recovering gifts made in contemplation of marriage. Many states have
ruled that gifts, such as engagement rings, must be recovered if thepro
mise to marry is revoked.
heart balm
Breach of promise or heart balm is a former common law tort. It was
also called breach of contract to marry. From at least medieval times
until the early 20th century, a man's promise of engagement to marry
a woman was considered, in many jurisdictions, a legally binding
contract.