Breach of Contract: Girlfriend Loses Inheritance by Cheating on Her Boyfriend

On January 3,2017, USA Today wrote about a contract that contained a “no cheating” provision. John Scott and Tina Hemingway, a couple living in Indiana, had been dating for eight years when Scott decided to add Hemingway’s name to property that he inherited. However, before adding her name to the property, Hemingway signed a contract that stated that cheating could not occur. If Hemingway cheated on Scott, she would lose her rights to the property. A few months after the contract was signed, Hemingway cheated on Scott. In fact, she became pregnant with another man’s child! The contract was handwritten and signed. Is a condition like this one allowed in a contract? Can you include conditional clauses in Florida trusts and wills?

Breach of Contract and Florida Litigation

Although the case above is an Indiana case, Florida probate lawyers frequently deal with cases regarding breach of contract. Contracts, whether oral or written, are the foundation of our society and economy. Contracts govern nearly every aspect of our daily lives. A contract is simply a legally binding agreement. When a contract is breached, the law gives courts the power to remedy the breach in several ways, depending on the circumstances. One remedy for a breach is to declare the contract terminated and excuse the innocent party from further performance. In addition, the court may also award money damages for breach of contract, by determining what benefits were due to the innocent party if the contract had been performed. Alternatively, the court may require that both parties carry out the specific terms of the contract (such as by requiring that a specific piece of real estate be transferred to the buyer in exchange for payment of the agreed price). Anyone involved a dispute over the terms, performance, or breach of a contract, should seek the advice of an experienced business litigation attorney.

Here, USA Today reports that the contract in question prohibited Hemingway from cheating on Scott if she wished to retain rights to the property. She breached the contract by cheating on him. The Circuit Court judge agreed that Hemingway had breached the contract. Hemingway appealed arguing ” that the agreement was based on a sexual contract.” However, the appellate judges disagreed with Hemingway and affirmed the Circuit Court’s decision. The contract was not making anyone conduct sexual activities, nor was it making anyone restrain from all sexual activities. It simply listed cheating by either party as an act constituting  breach. To read the entire article, click here.