Tennessee Code Annotated
Tenn. Code Ann. § 36-3-403 (2026)
Questions considered in determining damages
✓ current as of May 2026
In all suits for damages for breach of promise or contract of marriage that may hereafter be tried in the courts of this state, the judge hearing the case shall instruct the jury to take into consideration the age and experience of the parties and whether the plaintiff has been previously married. Any previous marriage on the part of such plaintiff shall be considered by the court and jury in mitigation of the damages that might otherwise be allowed.
Acts 1949, ch. 161, § 1; C. Supp. 1950, § 8462.1 (Williams, § 9720.5); T.C.A. (orig. ed.), § 36-703.
Notes of Decisions
Cited in 1
case, 2000–2000 · leading case: David Rivkin v. Lori Postal (Tenn. Ct. App. 2000).
David Rivkin v. Lori Postal (Tenn. Ct. App. 2000). “Second, Tenn. Code Ann. § 36-3-401 requires that promises or contracts of marriage could only be established using either signed, written evidence of the promise or contract or the testimony of at least two disinterested witnesses.”
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