{"id":"action-for-breach-of-promise-of-marriage-abolition-act-1971","name":"Action for Breach of Promise of Marriage (Abolition) Act 1971","slug":"action-for-breach-of-promise-of-marriage-abolition-act-1971","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31389,"registerId":"sa-action-for-breach-of-promise-of-marriage-abolition-act-1971-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Action for Breach of Promise of Marriage (Abolition) Act 1971","content":"South Australia\nAction for Breach of Promise of Marriage (Abolition) Act 1971\nAn Act to abolish the action for breach of promise of marriage.\n\nContents\n1\tShort title\n2\tAbolition of action for breach of promise\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Action for Breach of Promise of Marriage (Abolition) Act 1971.\n2—Abolition of action for breach of promise\n\t(1)\tExcept as otherwise provided in this section, no person shall be entitled to recover damages from any other person by reason only of the fact that that other person has failed to perform a promise, undertaking or engagement to marry him.\n\t(2)\tThis section shall not affect any action for breach of promise of marriage that was commenced before the commencement of this Act.\n\t(3)\tThis section shall not affect an action for the recover of any gifts given in contemplation of marriage.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act\nYear\nNo\nTitle\nAssent\nCommencement\n1971\n75\nAction for Breach of Promise of Marriage (Abolition) Act 1971\n18.11.1971\n18.11.1971\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"The Act abolishes the cause of action for damages for breach of promise to marry, thereby narrowing legal remedies available going forward (s2(1)). It preserves actions already commenced before commencement (s2(2)) and leaves intact claims to recover gifts given in contemplation of marriage (s2(3))."},"complexity_factors":["Very short statute with only two operative sections (clear structure).","Primary rule is a single abolition provision (s2(1)), minimising statutory complexity.","Limited exceptions for pre‑commenced actions (s2(2)) and recovery of gifts (s2(3)), which slightly widen interpretive scope.","Potential interpretive uncertainty around the phrase \"gifts given in contemplation of marriage\" could generate litigation on factual/legal boundaries.","No subordinate instruments, regulatory scheme, or administrative discretions to complicate application."],"plain_english_summary":"This Act removes the legal right to recover damages from someone solely because they failed to carry out a promise to marry (s2(1)). It preserves any lawsuits already started before the Act began (s2(2)) and does not affect claims to recover gifts given in contemplation of marriage (s2(3)). In practice, new breach‑of‑promise claims are barred; existing proceedings continue; claims to get back engagement or marriage gifts remain available."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"The legislation does exactly what its title says — it abolishes the action for breach of promise of marriage. The scope has not expanded beyond this single, clearly stated purpose. The two exceptions (protecting pending cases and gift recovery) are standard transitional and ancillary provisions that support rather than expand the core abolition."},"complexity_factors":["Only 2 operative sections","No defined terms section","Simple, unqualified language in section 2(1)","Only two straightforward exceptions (subsections 2 and 3)","No cross-references to other legislation","Total length under 200 words of substantive law"],"plain_english_summary":"This law **abolishes (ends)** the old legal right to sue someone for breaking off an engagement to marry.\n\n**What it does:**\n- **Stops new lawsuits**: You can no longer sue someone for damages (financial compensation) just because they promised to marry you and then backed out.\n- **Protects existing cases**: If someone had already started a lawsuit for breach of promise before this law came into effect, that case can continue.\n- **Keeps gift claims alive**: You can still sue to get back expensive gifts that were given specifically in expectation of marriage (like engagement rings).\n\n**Who it affects:**\n- Anyone who gets engaged in South Australia\n- People who were previously entitled to sue for \"breach of promise of marriage\" — a very old-fashioned cause of action (legal claim) that allowed jilted fiancés to claim compensation for humiliation and financial loss\n\n**Why it matters:**\nThis law reflects changing social attitudes. The idea that you could sue someone for changing their mind about marriage became seen as outdated and potentially coercive. It brings South Australia in line with other jurisdictions that had already scrapped this cause of action, while protecting property rights over gifts given in contemplation of marriage."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the Act's title and historical context, the legislation appears to have achieved exactly its stated purpose — abolishing breach of promise actions in South Australia — without evidence of scope creep or unintended expansion. Its narrow, targeted nature meant there was little opportunity for the scope to drift from original intent."},"complexity_factors":["The Act performs a single, clear legal function — abolition of one specific cause of action","Historically well-understood legislation with minimal interpretive ambiguity","Short title suggests a brief, straightforward piece of legislation with few if any operative sections","No apparent regulatory regime, licensing scheme, or ongoing compliance obligations","Analysis is limited by the inability to retrieve the actual legislative text, introducing minor uncertainty"],"plain_english_summary":"The Act abolished the right in South Australia to sue someone for breaking off an engagement. It removes the historic “breach of promise” tort that allowed financial claims when a fiancé called off a marriage. This change affects engaged couples and ended a legal relic that treated personal relationships like commercial contracts, reducing abuse and protecting personal autonomy."}},"importantCases":[],"_links":{"self":"/api/acts/action-for-breach-of-promise-of-marriage-abolition-act-1971","history":"/api/acts/action-for-breach-of-promise-of-marriage-abolition-act-1971/history","analysis":"/api/acts/action-for-breach-of-promise-of-marriage-abolition-act-1971/analysis","conflicts":"/api/acts/action-for-breach-of-promise-of-marriage-abolition-act-1971/conflicts","importantCases":"/api/acts/action-for-breach-of-promise-of-marriage-abolition-act-1971/important-cases","documents":"/api/acts/action-for-breach-of-promise-of-marriage-abolition-act-1971/documents"}}