| dc.creator |
Luchagula, Hellen Mpuya |
|
| dc.date |
2020-10-01T09:48:57Z |
|
| dc.date |
2020-10-01T09:48:57Z |
|
| dc.date |
2020 |
|
| dc.date.accessioned |
2021-05-05T07:28:58Z |
|
| dc.date.available |
2021-05-05T07:28:58Z |
|
| dc.identifier |
APA |
|
| dc.identifier |
http://hdl.handle.net/11192/4314 |
|
| dc.identifier.uri |
http://hdl.handle.net/11192/4314 |
|
| dc.description |
A Compulsory Research Report Submitted in Partial Fulfillment of Requirement For
Award of Bachelor of Laws (LLB) Degree of Mzumbe University. |
|
| dc.description |
This study makes a critical analysis of the law regarding claims of damages for breach of promise of marriage. It is centered on Section 69 and 71 of the Law of Marriage Act, [CAP 29 R.E. 2002] which provide on breach of promise of marriage and claims that can be made in courts of law in Tanzania. The provisions clearly stick to damages for the actual loss suffered and right to return of gifts. Non pecuniary and exemplary damages have been excluded; this is not fair for parties who have suffered emotional and psychological distress, loss of opportunities, loss of virgo intacta and etcetera, as they cannot make successful claims for damages in such regard.
The researcher employed documentary reviews and interviews to gather relevant information. The sample involved 50 respondents who were legal practitioners, law students and ordinary citizens.
The study analyzes what signifies the existence of a promise to marriage in Tanzania jurisdiction and what amounts to its breach. The study looks into the consequences of breach of promise of marriage, an analysis on the factors to determine in giving remedies in breach of the marriage promise. It further expounds the escape holes that the defendant can use as grounds to avoid liability for breaching a promise.
Furthermore, this study gives a precise discussion on the status and practice of the rights to claim for damages in breach of promise of marriage in other jurisdictions such like India, England and South Africa. This will assist in knowing how this lacuna can be filled by learning from other jurisdictions.
The research came up with the following basic findings, that the law regarding the claims of damages in breach of promise of marriage is not effective enough and that there is a need to make some changes so that it may fit in our contemporary community. For the purpose of solving the problem, the study has come up with some recommendations based on the findings which were obtained from the data analysis made. Some of these recommendations include the amendment of the law as to fully recognize promises of marriage and widening of the scope of damages in cases of breach of promise of marriage. |
|
| dc.language |
en |
|
| dc.publisher |
Mzumbe University |
|
| dc.subject |
Marriage Law, Marriage Act, Claim, Damages, Breach |
|
| dc.title |
Effectiveness of Law of Marriage Act in Relation to the Claim of Damages for Breach of Promise of Marriage: A Critical Analysis of the Law |
|
| dc.type |
Thesis |
|