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TCA 36-3-403

Questions considered in determining damages

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What does this charge mean?

In a breach-of-promise-to-marry lawsuit, the jury must consider the ages and life experience of both people involved, and if the person suing was previously married, that fact must be considered to reduce the amount of money they can receive.

Penalty Details

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Penalty SummaryClassification not specified
In all suits for damages for breach of promise or contract of marriage that may hereafter be tried in the courts of this state, the judge hearing the case shall instruct the jury to take into consideration the age and experience of the parties and whether the plaintiff has been previously married. Any previous marriage on the part of such plaintiff shall be considered by the court and jury in mitigation of the damages that might otherwise be allowed.
View on official sourceLast verified: Feb 25, 2026

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TCA Section36-3-403