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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

CIVIL LIABILITIES
(740 ILCS 15/) Breach of Promise Act.

740 ILCS 15/0.01

    (740 ILCS 15/0.01) (from Ch. 40, par. 1800)
    Sec. 0.01. Short title. This Act may be cited as the Breach of Promise Act.
(Source: P.A. 86-1324.)

740 ILCS 15/1

    (740 ILCS 15/1) (from Ch. 40, par. 1801)
    Sec. 1. It is hereby declared, as a matter of legislative determination, that the remedy heretofore provided by law for the enforcement of actions based upon breaches of promises or agreements to marry has been subject to grave abuses and has been used as an instrument for blackmail by unscrupulous persons for their unjust enrichment, due to the indefiniteness of the damages recoverable in such actions and the consequent fear of persons threatened with such actions that exorbitant damages might be assessed against them. It is also hereby declared that the award of monetary damages in such actions is ineffective as a recompense for genuine mental or emotional distress. Accordingly, it is hereby declared as the public policy of the state that the best interests of the people of the state will be served by limiting the damages recoverable in such actions, and by leaving any punishments of wrongdoers guilty of seduction to proceedings under the criminal laws of the state, rather than to the imposition of punitive, exemplary, vindictive or aggravated damages in actions for breach of promise or agreement to marry. Consequently, in the public interest, the necessity for the enactment of this chapter is hereby declared as a matter of legislative determination.
(Source: Laws 1947, p. 1181.)

740 ILCS 15/2

    (740 ILCS 15/2) (from Ch. 40, par. 1802)
    Sec. 2. The damages to be recovered in any action for breach of promise or agreement to marry shall be limited to the actual damages sustained as a result of the injury complained of.
(Source: Laws 1947, p. 1181.)

740 ILCS 15/3

    (740 ILCS 15/3) (from Ch. 40, par. 1803)
    Sec. 3. No punitive, exemplary, vindictive or aggravated damages shall be allowed in any action for breach of promise or agreement to marry.
(Source: Laws 1947, p. 1181.)

740 ILCS 15/4

    (740 ILCS 15/4) (from Ch. 40, par. 1804)
    Sec. 4. Within three months from the date that the breach of promise or agreement to marry occurred, unless such breach occurred prior to the effective date of the act, any person who is about to commence any civil action in any court for breach of promise or agreement to marry shall give to the person against whom said action is to be brought, or send in a sealed envelope with first class postage prepaid and deposited in the United States mail to such person at his or her last known address, notice in writing, signed by the person who is about to commence said action, giving the date upon which the promise or agreement to marry was made, and the date upon which the marriage ceremony was to have been performed, stating the damages suffered by the person signing said notice and stating whether the person signing said notice is or is not still willing to marry the person to whom the statement is given. If the breach occurred prior to the effective date of this act the notice herein required shall be served within three months after such effective date.
(Source: Laws 1947, p. 1181.)

740 ILCS 15/5

    (740 ILCS 15/5) (from Ch. 40, par. 1805)
    Sec. 5. If the notice provided for by Section 4 is not given as provided in that section, any such civil action for breach of promise or agreement to marry shall be dismissed and the person to whom any such cause of action accrued shall be forever barred from further suing.
(Source: Laws 1947, p. 1181.)

740 ILCS 15/6

    (740 ILCS 15/6) (from Ch. 40, par. 1806)
    Sec. 6. Actions on promises or agreements to marry shall be commenced within one year next after the cause of action accrued.
(Source: Laws 1947, p. 1181.)

740 ILCS 15/7

    (740 ILCS 15/7) (from Ch. 40, par. 1807)
    Sec. 7. This act shall apply to all actions for breach of promise or agreement to marry begun after the effective date of this act, even though the alleged breach of promise or agreement to marry on which the action is based occurred prior to such effective date.
(Source: Laws 1947, p. 1181.)

740 ILCS 15/8

    (740 ILCS 15/8) (from Ch. 40, par. 1808)
    Sec. 8. Nothing herein contained shall be deemed to repeal or amend any provisions of the criminal laws of this state.
(Source: Laws 1947, p. 1181.)

740 ILCS 15/9

    (740 ILCS 15/9) (from Ch. 40, par. 1809)
    Sec. 9. This act shall be liberally construed to effectuate the objects and purposes thereof and the public policy as herein declared. If any section, clause, sentence, paragraph or part of this act shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the section, clause, sentence, paragraph or part thereof directly involved in the controversy in which such judgment shall have been rendered. If the application of this act, or any part thereof, to any person or circumstance shall be adjudged by such court to be invalid or ineffectual for any reason, such judgment shall not affect the application of this act, or part thereof, to any other person or circumstance.
(Source: Laws 1947, p. 1181.)

740 ILCS 15/10

    (740 ILCS 15/10) (from Ch. 40, par. 1810)
    Sec. 10. This Act shall become effective on January 1, 1948.
(Source: Laws 1947, p. 1181.)