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45-538: Edwin James may refer to: Edwin James (barrister) (c. 1812–1882), English lawyer, Member of Parliament and would-be actor Edwin James (scientist) (1797–1861), American botanist, geographer, geologist and explorer Edwin Leland James (1890–1951), American newspaper editor Edwin James (footballer) (1869–?), Welsh footballer E. O. James (1888–1972), anthropologist in

90-705: A barrister , being called to the bar by the Inner Temple in 1836. He was a student and admirer of Charles James Fox and followed his style at the Bar with great fidelity. James practised on the Home circuit and his most famous cases included: James was made QC in 1850 but was not elected a bencher of the Inner Temple as was customary. This may have been because of the Establishment 's distaste for his radical sympathies and

135-411: A dowry of money or property had changed hands, or the woman could be shown to have become engaged to a man only to enable her use of his money, a man could rarely recover in a "breach of promise" suit against a woman if he was even allowed to file one. Changing social attitudes toward morals have led to a decline in the number of legal actions in response to " jilting ". Most jurisdictions, at least in

180-448: A breach-of-contract action for wedding expenses incurred when the nuptials are called off or for loss of employment, moving and living expenses incurred by one party as a result of an engagement, which is later broken. A breach of promise suit required a legally valid marriage engagement. Under Nevada law, this need not be in writing (as a prenuptial agreement is required to be), but may have been made orally by both parties. All that

225-528: A career as an actor at an early age, taking lessons from John Cooper . He played at a private theatre in Gough Street, Gray's Inn Road , London and appeared as George Barnwell in The London Merchant at Cooper's Theatre Royal, Bath . But, he lacked the natural good looks to succeed in the theatre, being said by one Cyrus Jay to have "the appearance of a prize fighter ". He turned to the law to become

270-408: A certain time—after the world suspects that two people are engaged to each other, it is scarcely possible for the woman to recede: when they come within a certain distance, they are pressed to unite, by the irresistible force of external circumstances. A woman is too often reduced to this dilemma: either she must marry a man she does not love, or she must be blamed by the world—either she must sacrifice

315-423: A daughter became pregnant by a man who then refused to marry her), since they led to wide publicity being given to a scrutiny of personal concerns, something which was strongly repugnant to the family feeling of the period (especially where young women were concerned). Trial by Jury is an 1875 curtain-raiser and comic opera that enacts a satirical trial for breach of promise. The successful musical launched

360-539: A jury award of $ 150,000 in the 2008 Shell case in Georgia, and $ 130,000 in a North Carolina jury trial December 17, 2010, in the case of Dellinger v. Barnes (No. 08 CVS 1006). Laws vary by state. In Illinois , for example, documented wedding expenses can be recovered, but damages for emotional distress are prohibited, and notice of an intent to sue must be provided within three months of the engagement being dissolved. Damages were generally permitted for expenses incurred on

405-477: A jury award to the woman of $ 150,000 although the man breaking the engagement stated that he did so after paying $ 30,000 of her debts when he discovered she still owed more), bad character, fraud, too-close blood relations, or the absolute physical or mental incapacity of the betrothed. In South Africa , engagements could be dissolved by mutual agreement. Impotence, sterility, criminality, and alcoholism also formed valid reasons to end an engagement. Additionally,

450-656: A portion of her reputation, or the whole of her happiness. ... A young woman is not in this respect allowed sufficient time for freedom of deliberation. Breach-of-promise actions were part of the standard stock-in-trade of comic writers of the 19th century (such as Charles Dickens in Pickwick Papers , or Gilbert and Sullivan in Trial by Jury ) and in the 20th century as a frequent plot device by P. G. Wodehouse, but most middle- and upper-class families were reluctant to use them except in rather extreme circumstances (such as when

495-627: A prominent footballer, for breach of promise. England and Wales undertook legal reforms in 1970 that generally made property disputes related to engagements to be handled like property disputes between married couples. On 1 January 1971 the tort was abolished in England and Wales by section 1 of the Law Reform (Miscellaneous Provisions) Act 1970. In Hong Kong, similar to the situation in England and Wales, engagements to marry are not enforceable at law by legislation, damages for distress caused and reliance on

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540-532: A publicly announced engagement, even if few people seriously thought that she had lost her virginity. She might be viewed as having broken the code of maidenly modesty of the period by imprudently offering up her affections without having had a firm assurance of future marriage. During the early 20th century, social standards changed so that a woman who had pre-marital sex was no longer considered to be "ruined". During that time, half of American women lost their virginity during their marriage engagements. Compensation

585-518: A result, expensive diamond engagement rings , previously uncommon, began to become commonplace, and formed a sort of financial security for the woman. South Carolina is one of the states that still recognizes a breach of promise action: Campbell v Robinson , 398 S.C. 12, 726 S.E. 2d 221 (Ct. App. 2012). About one-half of U.S. states still permit such lawsuits, according to the National Paralegal College . Examples of such suits include

630-602: A solicitor or to be selected for Marylebone. He practised as a paralegal for the rest of his life but was in poor financial circumstances, and eventually relied on charity. A subscription for his pecuniary assistance was started among the legal profession in London shortly before his death. On 9 July 1861 James married Marianne née Hilliard, "a widow lady of fortune", at the Embassy in Paris. They divorced in 1863, after having emigrated to

675-402: A woman as a legally binding contract . If the man subsequently changed his mind, he would be said to be in "breach" of this promise and could be subject to litigation for damages. The converse of that was seldom true. The concept that "it's a woman's prerogative to change her mind" had at least some basis in law (though a woman might pay a high social price for exercising this privilege). Unless

720-404: Is required is that each have promised the other to marry the other at some future time (no date certain is required). Generally, promises made by—but not to—people who had not reached the age of majority could be broken at any time, without penalty, as could the promise made by a married person (e.g., conditional upon the death of the current spouse), so long as the other party knew that the person

765-554: The English -speaking common-law world, have become increasingly reluctant to intervene in cases of personal relationships not involving the welfare of children or actual violence. Many of them have repealed all laws regarding such eventualities, and in others, the statute allowing such an action may technically remain on the books, but the action has become very rare and unlikely to be pursued with any probability of success. Arising in its stead are judicial opinions and/or statutes permitting

810-542: The New York Clipper, a sporting and entertainment newspaper. He also worked as the publicity manager for Adah Menken , the actress known for her sensational performance in Mazeppa . He kept up a long correspondence with her until her death in Paris. He took American citizenship in 1866. After returning to England in 1873, James failed to gain readmission to the bar of England and Wales . He also failed to be admitted as

855-693: The Trent Affair . The British press suggested that the New York Bar were well aware of his disbarment in England. When James' earlier conduct did become known in America, an attempt was made to disbar him there; it failed when he denied the charges on oath and the judges were equally divided as to his culpability. He appeared to have resurrected his acting career, performing at the Winter Garden Theatre , New York in 1865. He became an associate editor of

900-433: The 18th and 19th centuries, the main factors were compensation for the denial of the woman's expectations of becoming "established" in a household (supported by her husband's wealth) and possible damage to her social reputation, since there were a number of ways that the reputation of a young never-married woman of the genteel classes could be damaged by a broken engagement, or an apparent period of intimacy which did not end in

945-501: The United States. James became a naturalized United States citizen in 1866. In 1868 he married Eliza Wilson née Pepper. She had formerly been married to Joachim Hayward Stocqueler . Mr. James is described by his old partner, Mr. Charles Blandy, as a gentleman of the most genial disposition and with an unlimited stock of anecdotes and store of experience. He was a scholar of the first grade, and his knowledge of art, literature, and

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990-467: The action for breach of promise was formally abolished by legislation in 2010. The first known lawsuit for breach of promise in colonial America and the first in which the defendant was a woman was Cecily Jordan v. Greville Pooley . This case was tried in the chambers of the Virginia Company and never went to a civil court, as the plaintiff withdrew his complaint. The first successful case

1035-531: The adultery, or who was otherwise responsible for the breakdown of the marriage. France nominally did not permit breach of promise actions, holding that marriage must involve free consent from both parties, and if the engagement is legally binding, then free consent is not possible. However, any party may sue for losses as a result of improper behavior by an engaged person. In Scots law before 1812, damages were limited only to actual financial losses. After World War II, German, Spanish, and Italian law allowed for

1080-473: The best nisus prius jury lawyer at the English Bar. James was appointed Recorder of Brighton in 1855, by that time enjoying an income of £7,000 per year (£477,000 at 2003 prices ). In 1859 he was elected Liberal MP for Marylebone . As an MP, he was a loyal supporter of Palmerston and favoured the introduction of a ballot for parliamentary elections and the abolition of church taxes to support

1125-591: The breach of promise are claimable, if the plaintiff suffers sufficiently serious consequences in light of the specific circumstances, for instance in Cheung Suk Man v So Shek Keung [1965] HKLR 485. In 2019, the Supreme Court of India ruled that sex on false promise of marriage constitutes rape . In Canada, the common law action has been abolished in some provinces by legislation. For example, in Saskatchewan ,

1170-472: The careers of librettist W.S. Gilbert and composer Arthur Sullivan . In the 1935 film We're in the Money , Joan Blondell and Glenda Farrell play two process servers trying to serve a rich playboy, Ross Alexander , with a breach of promise suit. At the start of the 1946 film Easy to Wed , newspaperman Warren Haggerty ( Keenan Wynn ) has abandoned his planned wedding to Gladys Benson ( Lucille Ball ) for

1215-421: The classics was as fresh as when he left college. He was odd in his personal tastes, and had a passionate fondness for dogs. He never became accustomed to American habits, and the lack of caste in society was a source of great annoyance to him. He was a man of powerful frame, 6 feet high, with large features, and generally wore an inverness cape , a rough tweed suit, and hobnailed boots, his appearance being that of

1260-423: The expectation of a marriage, such as property transferred or wedding expenses. In some jurisdictions, emotional distress, loss of social standing, and loss of virginity were also possible sources of damages. Some countries also allowed the woman to sue for loss of future income, that is, for money that she would have had, if her very wealthy fiancé had not broken off the engagement. In 20th-century reforms, this

1305-404: The field of comparative religion Eddy James (1874–1937), Australian rules footballer See also [ edit ] All pages with titles beginning with Edwin James [REDACTED] Topics referred to by the same term This disambiguation page lists articles about people with the same name. If an internal link led you here, you may wish to change the link to point directly to

1350-501: The film A Hard Day's Night (1964), Paul McCartney 's (fictional) grandfather is pursued by young women who want to sue him for breach of promise. In the 1998 series Berkeley Square , Captain Mason is forbidden from marrying Isobelle by her chaperone Aunt Effie due to his outstanding bills and social indiscretion. He threatens to sue for breach of promise, forcing Effie to accept their engagement to avoid family scandal. In season 8 of

1395-407: The gift could be considered to be non-contingent, and given partially for reasons other than marriage, and thus does not have to be returned. Christmas presents are generally taken to be absolute gifts, and thus cannot be recovered if the engagement dissolves, but engagement rings are generally taken to be conditional gifts, at least under most circumstances, which means that they must be returned if

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1440-454: The intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=Edwin_James&oldid=806423834 " Category : Human name disambiguation pages Hidden categories: Short description is different from Wikidata All article disambiguation pages All disambiguation pages Edwin James (barrister) Edwin John James ( c. 1812 – 4 March 1882)

1485-426: The nature of his practice. The Spectator described him as: ... a leader in all actions for seduction , breach of promise of marriage , assault, and false imprisonment , and in all cases that involved the reputation of an actress or a horse. The New York Times noted that: Mr. James was a man of very brilliant parts and great ability, and was at one time considered by the late Lord Chancellor Campbell

1530-423: The person refusing to marry was unable to sue for breach of promise. Some of the original theory behind this tort was based on the idea that a woman would be more likely to give up her virginity to a man if she had his promise to marry her. If he seduced her and subsequently refused marriage, her lack of virginity would make her future search for a suitable husband more difficult or even impossible. However, in

1575-420: The recipient no longer chooses to go through with the marriage. Whether an engagement ring must be returned if the giver breaks off the engagement varies. Criminal conversation was a similar tort, arising from adultery , in which a married person could sue the person with whom his or her spouse had engaged in adultery. Alienation of affections was another similar tort against a third party who encouraged

1620-560: The recovery of actual damages incurred as a result of a failed engagement. The social damage from receiving attention from a man is discussed in a passage from the 1801 novel Belinda by Maria Edgeworth , where an older woman is urging Miss Belinda Portman to give a suitor more time to attach her affections, though Belinda is worried that even by just passively accepting his attentions for a certain time, she might find herself "entangled, so as not to be able to retract", even "if it should not be in my power to love him at last": ... after

1665-639: The state church. His radicalism went beyond the mainstream. He spoke in public in support of democracy and against Napoleon III , and spent part of 1859 at the camp of Giuseppe Garibaldi . James’s reputation suffered by his alleged bribery of voters in his campaign on behalf of John Jervis in the Horsham constituency in 1847. Early in 1861, James was reputedly on the point of being appointed Attorney General but on 9 April 1861, he suddenly resigned all his public offices, stating that he needed to devote his time to his professional career. It came to light that he

1710-545: The typical English country gentleman. John Edwin James died of bronchitis and pneumonia and was buried on 6 March 1882 at Highgate Cemetery. Edwin James served as a basis of the character Stryver in Charles Dickens 's 1859 novel A Tale of Two Cities . Breach of promise of marriage From at least the Middle Ages to the early 20th century, many jurisdictions regarded a man's promise of engagement to marry

1755-431: The umpteenth time when his paper is faced with a libel suit. When Benson storms in to confront him, she threatens him with a breach of promise suit, to which Haggerty replies "Breach of promise suits have been outlawed!" The episode "A Woman's Privilege" of the featurette series The Scales of Justice recounts the unusual case of a man who sues a woman for breach of promise following a cruise ship romance engagement. In

1800-480: Was Stretch v Parker in 1639. In 1915, Louis A. Merrilat , an American football end and military officer active in the early 20th century, was sued by Helen Van Ness for breach of promise after breaking off an engagement. Merrilat hired the noted Chicago attorney Clarence Darrow to defend him against the charges, which were eventually dismissed. In the United States, most states repealed breach-of-promise laws or limited them, beginning in 1935. Partly as

1845-502: Was an English lawyer who also practised in the United States, a Member of Parliament and would-be actor. Disbarred in England and Wales for professional misconduct, he ended his life in poverty. He was the first ever Queen's Counsel to suffer disbarment . His parents were John James, a solicitor and secondary of the City of London , and his wife Caroline née Combe, niece of Harvey Christian Combe . He unsuccessfully attempted to establish

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1890-445: Was based on emotional distress and the woman's reduced opportunity for a future marriage. Damages were greatly increased if the couple had engaged in pre-marital sexual intercourse. In England and Wales until 1970 a woman whose fiancé broke off their engagement could sue him for breach of promise, whilst a woman was permitted to change her mind without penalty. The last prominent case was in 1969, when Eva Haraldsted sued George Best ,

1935-409: Was generally abolished over fears of gold digging . One challenge in settling disputes for breach of promise was determining whether a gift made during the engagement was an absolute gift—one given permanently, with no strings attached—or a conditional gift, given in the expectation of the marriage taking place. If an engagement gift was given on a holiday, such as Valentine's Day or Christmas ,

1980-524: Was in dire financial difficulties, owing £100,000 (£7.5 million at 2003 prices ) and under investigation by his Inn. It was established that he had: Yarborough apparently persuaded James to resign his public offices in order to protect Worsley. Disbarred on 18 June 1861, James soon emigrated to the U.S. and was admitted to the bar in New York. There he was lauded as a leader of the English Bar, and he commented publicly on matters of public controversy, such as

2025-521: Was married at the time. Similarly, an engagement between people who were not legally permitted to marry (e.g., because of consanguinity laws) was invalid. Valid engagements could be broken without penalty by either party upon discovery of significant and material facts, such as previously unknown financial state (if completely concealed, rather than partially revealed; the Shell case in Georgia in 2008 permitted

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