2005 Illinois Code - Chapter 740 Civil Liabilities 740 ILCS 15/ Breach of Promise Act.
(740 ILCS 15/0.01) (from Ch. 40, par. 1800)
Sec. 0.01.
Short title.
This Act may be cited as the
Breach of Promise Act.
(Source: P.A. 86‑1324.)
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(740 ILCS 15/1) (from Ch. 40, par. 1801)
Sec. 1.
It is hereby declared, as a matter of legislative determination,
that the remedy heretofore provided by law for the enforcement of actions
based upon breaches of promises or agreements to marry has been subject to
grave abuses and has been used as an instrument for blackmail by
unscrupulous persons for their unjust enrichment, due to the indefiniteness
of the damages recoverable in such actions and the consequent fear of
persons threatened with such actions that exorbitant damages might be
assessed against them. It is also hereby declared that the award of
monetary damages in such actions is ineffective as a recompense for genuine
mental or emotional distress. Accordingly, it is hereby declared as the
public policy of the state that the best interests of the people of the
state will be served by limiting the damages recoverable in such actions,
and by leaving any punishments of wrongdoers guilty of seduction to
proceedings under the criminal laws of the state, rather than to the
imposition of punitive, exemplary, vindictive or aggravated damages in
actions for breach of promise or agreement to marry. Consequently, in the
public interest, the necessity for the enactment of this chapter is hereby
declared as a matter of legislative determination.
(Source: Laws 1947, p. 1181.)
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(740 ILCS 15/2) (from Ch. 40, par. 1802)
Sec. 2.
The damages to be recovered in any action for breach of promise or
agreement to marry shall be limited to the actual damages sustained as a
result of the injury complained of.
(Source: Laws 1947, p. 1181.)
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(740 ILCS 15/3) (from Ch. 40, par. 1803)
Sec. 3.
No punitive, exemplary, vindictive or aggravated damages shall be
allowed in any action for breach of promise or agreement to marry.
(Source: Laws 1947, p. 1181.)
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(740 ILCS 15/4) (from Ch. 40, par. 1804)
Sec. 4.
Within three months from the date that the breach of promise or
agreement to marry occurred, unless such breach occurred prior to the
effective date of the act, any person who is about to commence any civil
action in any court for breach of promise or agreement to marry shall give
to the person against whom said action is to be brought, or send in a
sealed envelope with first class postage prepaid and deposited in the
United States mail to such person at his or her last known address, notice
in writing, signed by the person who is about to commence said action,
giving the date upon which the promise or agreement to marry was made, and
the date upon which the marriage ceremony was to have been performed,
stating the damages suffered by the person signing said notice and stating
whether the person signing said notice is or is not still willing to marry
the person to whom the statement is given. If the breach occurred prior to
the effective date of this act the notice herein required shall be served
within three months after such effective date.
(Source: Laws 1947, p. 1181.)
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(740 ILCS 15/5) (from Ch. 40, par. 1805)
Sec. 5.
If the notice provided for by Section 4 is not given as provided
in that section, any such civil action for breach of promise or agreement
to marry shall be dismissed and the person to whom any such cause of action
accrued shall be forever barred from further suing.
(Source: Laws 1947, p. 1181.)
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(740 ILCS 15/6) (from Ch. 40, par. 1806)
Sec. 6.
Actions on promises or agreements to marry shall be commenced
within one year next after the cause of action accrued.
(Source: Laws 1947, p. 1181.)
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(740 ILCS 15/7) (from Ch. 40, par. 1807)
Sec. 7.
This act shall apply to all actions for breach of promise or
agreement to marry begun after the effective date of this act, even though
the alleged breach of promise or agreement to marry on which the action is
based occurred prior to such effective date.
(Source: Laws 1947, p. 1181.)
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(740 ILCS 15/8) (from Ch. 40, par. 1808)
Sec. 8.
Nothing herein contained shall be deemed to repeal or amend any
provisions of the criminal laws of this state.
(Source: Laws 1947, p. 1181.)
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(740 ILCS 15/9) (from Ch. 40, par. 1809)
Sec. 9.
This act shall be liberally construed to effectuate the objects
and purposes thereof and the public policy as herein declared. If any
section, clause, sentence, paragraph or part of this act shall for any
reason be adjudged by any court of competent jurisdiction to be invalid,
such judgment shall not affect, impair or invalidate the remainder thereof,
but shall be confined in its operation to the section, clause, sentence,
paragraph or part thereof directly involved in the controversy in which
such judgment shall have been rendered. If the application of this act, or
any part thereof, to any person or circumstance shall be adjudged by such
court to be invalid or ineffectual for any reason, such judgment shall not
affect the application of this act, or part thereof, to any other person or
circumstance.
(Source: Laws 1947, p. 1181.)
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(740 ILCS 15/10) (from Ch. 40, par. 1810)
Sec. 10.
This Act shall become effective on January 1, 1948.
(Source: Laws 1947, p. 1181.)
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