Jim and Mary are about to be married. Mary is a wealthy actress. Jim is a struggling artist. Both agree that it would be a good idea to have premarital agreement. Mary suggests that Jim make an appointment to visit her tax preparer, whom Mary will instruct to give Jim a complete understanding of her assets. Laughing Jim replies, “Not necessary, and signs the agreement without knowing about Mary’s assets. I’m insulted at the suggestion, my love.” A year after the marriage, the parties divorce. Mary seeks to enforce the premarital agreement, which provides that Jim waives spousal support and is not entitled to any of Mary’s property in the event of divorce. Jim argues that the agreement is unenforceable. If you were the attorney representing Mary what would your arguments be for enforcement of the agreement? What arguments would you make in support of Jim’s position?
Assume that you live in a state where heart balm actions can be brought. Dan asks Carol to marry him. Carol says yes. The date is set for the wedding. Two weeks before the wedding, Carol learns that Dan has just married Linda. At the time Dan was engaged to Carol, Carol was already married to Bill but Dan did not know this. Carol was in the process of divorcing Bill and hoped the divorce would be finalized before her marriage to Dan. Carol wanted to wait until the divorce was final before telling Dan about her prior marriage and divorce. Dan did not learn about any of this until after his marriage to Linda. When Carol’s divorce to Bill became final, she sues Dan for breach of promise to marry. Please answer the following:
1. Define heart-balm actions
2. Does your state still recognize heart balm lawsuits or was it abolished?
3. Should Carol be allowed to bring this action? Why or why not?
Please make sure of the following:
You properly cite the e-text or a valid source.
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