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TCA 36-3-404

Measure of damages when defendant over sixty (60) years of age

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What does this charge mean?

In a breach-of-promise-to-marry lawsuit where the person being sued is over 60 years old at the time of trial, the person suing can only recover money for actual financial losses up to the date of trial—the jury cannot award extra punishment money (called "punitive damages").

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 be tried in the courts of this state, where the defendant is more than sixty (60) years of age at the time the case is tried, proof of damages shall be limited to the actual financial loss of the plaintiff up to the date of the trial and no punitive damages shall be allowed.
View on official sourceLast verified: Feb 25, 2026

Quick Facts

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TCA Section36-3-404