WWL>Topics>>12-10 6:15am Tommy, broken engagement lawsuit?

12-10 6:15am Tommy, broken engagement lawsuit?

Dec 10, 2013|

Tommy talks to Albert Nicaud, an attorney with Nicaud and Sunseri, about a man who was ordered to pay $50,000 after breaking off an engagement with his fiance

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Automatically Generated Transcript (may not be 100% accurate)

Albert -- joins -- a host of all things legally here and -- BW along with his partner and a friend Doug sincerity. Morning Albert you -- -- -- you know limited as evident that. And in -- I tell you is it covered under attorney client privilege or not. Is what exactly what's going on. Of course we -- -- yes and here's a privilege that exist. Go tell it well let's hope they are let's talk about the EI engagement ring thing in Georgia and appeals Stewart tells -- an appeals court. Now -- you broke off the engagement -- or 50000 dollars. What happens in Louisiana as far as that's concerned is there. A set tutors and kind of it did what he called heritage of precedent. Yeah but I mean it grounds in terms of breach of promise. There are a cause of action would be for. Cause of action will be the phrase basically. In India or number old old cases like from the -- -- century currently in hundreds. Early nineteen hundreds -- in the back and -- win. When marriage would use them something that every woman aspired to in the -- some sort of they're such a problem with being told -- never change so. The -- do you recognize and still do recognize because of action reached. Reached a contract to where. Although in in titled looking something up Africa woke up yesterday. The I'm not releasing the case. Where damages war in fact awarded. Usually the Europeans and some issues as to whether. These these plots for instance one case it was. Ladies who want to marry her lawyer -- they were both married and he promised to use it towards his wife and marry her. And the court basically -- that the you don't have a cause of action that features. Such such a contract that it can't public policies and spoke with you there. It would require you to. Divorced one another and you know you'd -- Both of these people were married. And they guy proposed to the woman while both them are married deeper -- You can promise promised. Senator who doesn't know -- yet the husband in this note as the other engagement ring. We're going to -- promising career. Program congratulations on your pending nuptials old -- -- in the clip what. Let's take a break pick it up you seriously when we come back it was about the ring because -- into consideration here to -- one is the ring because sometimes you know people newsman and a lot of money on it ring and I'd be talking to be about a piece of property was 151000 dollars. So who gets to keep it in the adequate. Student is do you think people today when they get married actually understand. The legal consequences of what they're doing -- it's all puppies and rainbows and ponies when. When you -- nanny island in the next day it's like wow I have a new partner in the business of life. Six when he -- more without Nicole when we come back right now time for -- WL traffic. -- Robinson. Tommy Tucker glad you with a son is chilly Tuesday morning a little bit of rain hanging around till about noon 30% chance for showers up until end. Highs of only 49 then tonight blows 34 and a North Shore 42 on the South Shore of NAND range. And MRIs in only 5957. On Thursday a little warm up on Friday and Saturday highs of 65 and 72 then. And for Sunday and Monday highs only in the upper fifties we're talking about a story out of Georgia. -- an appeals court told a guy who broke off his engagement that he -- a woman 50000. Dollars for breach of promise. And it brought up -- -- a question of well will keep some ring if there was an expensive -- involved are generally speaking. If either party breaks off. The engagement. Does anyone have a cause of action for breach of promise and what about that ring -- joins us right now with. Nicole and -- -- you hear him on Sunday mornings when the football schedule allows with. All things -- so -- in terms of I guessed that the contract in the breach of contract breach of promise that is made. Is it different then a contractor does it come down to an oral contract. Well -- our charts a course -- or. Viable -- you know down one of the things that kind of distinguishes. Us from a lot of states. You know you go to Google's that the mayor workers as workers and so I don't pay. An oral contract it's enforceable and has been out. In in this particular situation where you. A promised to marry. You know what does that -- and do win Wednesday. In being -- got -- -- future if you answered American. He censoring and William and Mary and so based upon that it it is seeking additional problems it is. You can every rating if you -- And two as a result of that. The court of almost uniformly held that the the person the mania and I innocent Jews who ring is entitled to get green. In the event that engagement is broken because it's a conditional promise. And -- condition is not so that's. There and between its return back to -- to the apple -- husband but the support for an answer silly to look towards the race. If the woman breaks off the engagement she also. Promised him issued a marry him right -- what if she does something. It's like you know cheats on and all of a sudden it's not an acceptable. Thing may embody is sort -- Well again there's there seriously cause of action breach of oral swab questionnaire and you know and again it gets a lot for the -- because you know if we get testers giving -- all the sudden we made these plans we've told our family and friends we you know Britain contracts with the -- and the in the UV reception halls and those types of children of flowers and so barrel. -- can actually be a monetary element beyond engagement ring problem for. Making each player and you know relying on this policy -- -- those. I'm -- -- those elements that damages in the in addition to the emotional. Pain and suffering -- that associated with that breach. Who would also be included in the court. Given there's totality of the circumstances of somebody comes do you generally speaking. And says you know she broke up with mean he broke up with. Mean depending on whom it is and and you know. My heart's broken -- -- -- does this just isn't right. Would your advice generally be pursuant or would your advice be you know what it's probably one and our guy anyway just let ago. Well that might might -- typically would be to go on this situation where it is more now. If it keep it. It took -- I would use given her -- hours you know. Dick Garmin boring and it's been an -- time. I'd almost will pursue playing you get the ring. And I recommend that that would be a cause of action that he can pursue. And if the other side really wanted to play hard ball and try and get them. You know that's what -- you wrote in the damages for preacher. Or promises to pay that kind of -- inning and hopefully. Get a little leverage in getting. Yeah I don't know that. I could never see this -- now where if you don't love somebody they -- upload view and they decide is night and happened let's go to court and I'll show you rule our hope that somehow dispersants they changed their mind because legal pressures and and Mary I don't think that that is destined for success -- No no I'm not opting -- think we're talking about. The situation where you would require it was terrific performance yeah Justine quite personal merry. I'm just talking about in terms of the person that's agreed to an and is very angry when he really gonna win here. -- you're not -- to prolong. The misery. -- He is still Internet thank you Albert. Park I appreciate your time you bet we got to go to news now Albert Nicole.