Closely examine each of the following situations. Determine which restraints on marriage, if any, are enforceable. Give specific reasons you think the restraint is or is not enforceable.
a. John is married to Brenda. John enters a contract with Brenda’s father stating that if children are born from the marriage and if Brenda dies before John, John will never remarry. In exchange, John is given the father’s large farm to live on for life rent-free. Children are born, and Brenda does die first. John marries Patricia. Brenda’s father then sues to evict John from the farm. Does John have a defense to this suit?
b. Joan enters a contract with her aunt stating that she will not have children before she turns twenty-one. In exchange, Joan is given a sum of money when she signs the contract. Before she turns twenty-one, Joan has a baby (out of wedlock). The aunt sues Joan for breach of contract. Does Joan have a defense?
c. Fred enters a contract with his father in which the father agrees to pay for Fred’s entire medical education if Fred agrees to marry a doctor or a medical student if he decides to marry. When Fred becomes a doctor, he marries Sue, an electrician. The father sues Fred for the cost of the medical education. Does Fred have a defense?
d. Bill and Jean are not married. They live together, sharing bed and board. They enter a contract by which Jean promises to continue to live with Bill and to care for him. Bill agrees to place $500 per month in a bank account for Jean so long as she carries out her promise. Jean cannot receive the money until Bill dies. Also, if she marries before Bill dies, she forfeits the right to all the money in the account. After living with Bill for twenty years, Jean leaves him to marry Tom. Can Jean sue Bill to recover $120,000 (plus interest), the amount in the account at the time she married Tom?
a. In your state, is the validity of the marriage affected by a violation of any of the technical requirements for a ceremonial marriage that you identified in Assignment 5.7?
b. What penalties can be imposed for the violation of any of the technical requirements for a ceremonial marriage in your state?
