Legal Memorandum

Clara and Charles are seeking to file a lawsuit against the former fiance of Clara, Derek, to whom they accuse of breaching the marriage contract before the execution of the agreement. According to Clara, she and her father Clark have suffered from serious financial and emotional damages because of the ignorant and irresponsible attitude of Derek. Clara claims that she has extensively spent money for the preparation of their wedding and was emotionally involved in the whole business. However, the act of deceit by Derek has not only brought her to damages through financial as well as emotional means but she has suffered from humiliation and embarrassment within her social circle and the sole responsibility of this degradation is on Derek. In addition to this, there is another party who has similar charges against Derek, Claras father Charles.

Charles accuses Derek of bringing financial losses to him and deceiving him as well as his family. As Charles was fully involved in the overall marriage issue, he was also hurt emotionally because of the irresponsible deed of Derek. Therefore, he can also claim for the financial damages as well as emotional damages.

As Charles has suffered from huge financial losses because the marriage ceremony that was planned to be held never took place, these damages are to be recovered somehow. Clara has proposed that she will try to recover a part of those damages by selling out her engagement ring but even then a major part of losses is not going to be covered.

Therefore, they want a proper solution to the problem. The law can address this complex issue though such incidents occur very infrequently. Discussed below are some issues of major concern that are needed to be discussed.

Analysis:

1) Claras selling of her engagement ring:

The actual responsibility of causing the damages do not fall on Clara therefore Clara is not liable for the recovery of damages. This case is similar to the case of a breach of agreement. In this case, the agreement was being formed between Clara and Derek and it was in actual a marriage agreement. As the agreement was breached before its complete fulfillment, this agreement can be termed legally as void. In such a case, the person who was responsible for the termination of the agreement is the guilty party and is liable to recover the damages. If the person responsible for the breach of this contract is Derek, then he and only he should pay for the damages and not Clara. Clara is at least not legally bound to pay the money to her father because she and her father are the same party and none of them has in any way contributed to the termination of the agreement. However, there is no legal restriction on Clara, as well, that she cannot sell her engagement ring to compensate for her fathers damages. If she thinks.

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