BETROTHMENT, BETROTHAL. A con tract between a man and a woman by which they agree that at a future time they will marry together.
The contract must be mutual; the prom ise of the one must be the consideration for the promise of the other. It must be obligatory on both parties at the same in stant, so that each may have an action upon it, or it will bind neither ; 1 Freem. 95; 3 Kebl. 148; Co. Litt. 79 a, b.
The parties must be able to contract. If either be married at the time of betroth ment, the contract is void ; but the married party cannot take advantage of his own wrong, and set up a marriage or previous engagement as an answer to the action the breach of contract, because this disability proceeds from the defendant's own act ; 1 Ld. Raym. 387 ; 3 Inst. 89 ; 1 Sid. 112 ; 1 Bla. Com. 432.
The performance of this contract, or the completion of the marriage, must be ac complished within a reasonable time. Ei
ther party may, therefore, call upon the other to fulfil the engagement, and, in case of refusal or neglect to do so within a rea sonable time after request made, may treat the betrothment as at an end, and bring action for the breach of the contract ; 2 C. & P. 631. For a breach of the betrothment without a just cause, an action on the case may be maintained for the recovery of dam ages. It may be maintained by either party; 1 Salk. 24.
In Anglo-Saxon times the betrothal was between the bridegroom and the woman's father or other protector ; 2 Poll. & Maitl. H. E. L. 365.
In Germany and Holland a party could be compelled to complete his contract. Sce PROMISE OF MARRIAGE. As to the Roman Law, see Bryce, Studies in History.