THE HONGKONG DAILY PRESS, FOUESDAY NOVEMBER 30, 1927.
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BREACH OF PROMISE.“
A JUDGE'S COMMENTS:
Undo morna Judge of the High Court fina made: occasion to pronounos that the action for breach of promise of marriage is 4 public langer. Air. Justics McCardio dislike of these cases has never been con- cealed,
and it does not diminish upow far ther experience.. A year ago he declared from the Beach that two thirds of breach of not to remedy promise actions are brought
public
loss incurred, hat to inflict some hurt on a man by a disappointed woman A case this week has cansed. him to
to repent that opinion with new emphasis. is, of
that his course, to be recognised by no means speaks only for
milar dicta, perhaps less blantle
pot, have often bean in court, and there is little doubt that a majority of Inwyers
of experience would hold that the abuses of the breach of promise action are such as to make it against public policy for our law to allow it. Judges and jurists" ara not apt to admit the validity of senti ment as an argument for the main tenance or the change of
statute erent Justice McCardio takes
which
From that
post of
But
the
of the breach of promise action occupied. They have in general
been content to point to its notorious
liability to abuse."
number of the cases which an appreciable come into court are such as Mr. Justice McCardio describes, cases of
is not to be denied. "Spreto injuria formg" is the
revenge,
power, not netual material lessive Bought is not so much money punish- ment. We
On occasion sympathise with the any
angry woman 'rather than the
man, though if we do ws
we shall have to admit that it was not. to gratify resent- ment of this sort that the law was framed, and that it is not desirable the Courts should have to administer the wild! justice
But
most laymen, and of revenge. not a few lawyers, would hold that this is not the worst form of abuse. Not the cases which come into court but those which are settled out of court, exhibit the most dis nstrous effects of the law. Everyone knows that many of these are, in fact, however veiled by
process, cases of blackmail. legal We may belove that those who are muleted deserve in general little aymathy, though the leading case of Bardel Pickwick should remind us that the innocent are not exempt from the devices of the blackmailer. We can hardly deny that it is unfortunate the state of the law should make smooth the blacktrailer's path.
Bat Mr. Justice McCardie's criticism, rélies on other arguments In his view the action for breach of promise "frequently causes a man to carry out a promise from which he wished to escape, with a conse quence to the social life of the community can scarcely be estimated) Now which there
Will be no dispate that the man who marries a woman whom he would rather juted
to her. The marriage under threat or does Bers worse injury than if he
fear of an action for damages is a marriage which no
of any self-respect could desire, and no one
of any But judgment could approve
We abould not have thought that such marriages
th to Chall It would be numerous
Judge
ndre of say conclusion which ma Justice McCardle's authority as formed upon his experience at tire Her and the Bench, but we may venture to suggest that in the nature of things the matrimonial and betrothal cases which come before him
The effects of the
are not
are patholog law of breach of
to be estimated by
but
only
have found,
by the Lityactising lawyers
we suspect, that no very large number of men are affected in their choice of action for a
wife by any fear of might well incline
broken promise.
to hold that the majority of the ill- Assorted anions, the results of which, as Justice McCardio saya a destruc- tive, not only of i individual happiness, but
that ar
of the welkre of the community, are caused not by reluctant performance of a regretted promise, but by hasty and ill-considered choice. Mr. Justice. ReCardis laid down. iary when considering breach of propise actions should have in mind their character and their bearing upon the genò ral well-being Against the simple pre- ciple that it is not
a man to enter into promise of marriage and, then seek lightly to throw it off ho instructed the jury to consider bether 5+ not often lifty times better that a promies should be broken rather than that parties who do not agres should launch into miseries, with the consequences of and social ruin Soch a question so can be answered only in one way. But we submit that it ignores the real grievance în many an action-for...!
of promise. It would indeed be an adequate answer, to the obsolete action to compel the performance of a contract of marriage. But our modern plaintiffs do not make that broadly, it
claim We may agree speaking would be a misfortans that the parties to:: any action for breach of promise marry. But this argument again ignores the actant injury for which damages claimed. It may be quite sure that breach of premise action offers no Feedy for the worst wrongs againit, which it Was designed the cruel insult the destraction of happiness and confidence. There can never be any legal penalty for such deeply
this nor are those likely to come into mot deeply
Lofer feel them,
Twho
fect
court,
bould
JAPA
Faust hold that these considerations do not.
the validity of a claim tha; è man who háa lod a woman to believe for years that he means to marry her should be held ble, if abs cares to require it for such material injury and such damage to
her prospects as she has sustained in his default. Bu1 are many of the breach of promise caser of which we raad, and we believe that in such cases the sympathy of the public is
in the plaintiff Daily Telegraph.
#Golf Che
sha English;Ladies' Count
ded.
A Kimberley woman, matead of taking her children to the seaside, for the school, holidays,, visited the alluvial, diamond diggings, and, after Ending a couple of small stones, discovered one; weighing (38) carats, which realised £1,950, 2
Sir Almeric Roy, Clark to the
Counc
STOVES.
Southard Robertson Co.
HEATING and COOKING.”
PANSY
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& Co.,
DISTRIBUTORS
HONGKONG and CHINA.
Connaught Road Central.
Tul. 186.
HAIG & HAIG
are trading on Quality
No Haig & Haig Whisky is being exported in Decanter bottics.
We find it necessary to calcetine ir stutzesent, jócses ear. Hoops was, at
one tihe, a-jaw of this bott
After long experience wa
Now that there is no possibility of doubt about the discerning public being willing to pay a little extra for the Haig & Haig quality of Whisky, it is well for them to know two things: of primary importance, viz :——-
"T
HE manufacture of Grain Whisky (otherwise known as Patent-still Whisky) has overtaken the demand and it (some times aided by a little Malt Whisky otherwise known as Pot-still Whisky) is going to come. down in price in the Home market as soon as the appalling duty is reduced. Foreign markets are now, being flooded with these very thin, poor blends at very low prices.
T
HE stocks of old Malt Whisky which give the creamy, rich character that you und in Haig & Haig, are not anything ke enough to meet the demand. It will bel same years before matured stocks will meet the needs of thoughtful and cultured users of fine Whisky.
Haig & Haig
are going to maintain the high standard of quality, declining all but the highest-class trade.
We will reserve these stocks of the finest Whisky that goes from Scotland to our regular friends We are trading on quality.
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