Haven’t we all thrown out, “I’ll sue you!” in a conversation before? Broken promises may seem worthy of some type of rectification, and television legal dramas have shown us time and time again that spoken words could carry weight in the eyes of the law.
However, YOU CAN’T SUE YOUR FAMILY (most of the time). Well, you can’t sue when the law decides all you had was an informal family agreement. We can break down the reasons why fairly simply using two perspectives.
Societal Implications
The family unit has been a concept heavily touted by many modern governments. The law likes to stay away from certain topics, and family affairs happen to be one of them.
When families make promises, the idea is that they are relying on mutual trust and affection. The law has nothing to do with it since informal agreements have no intention to create legal relations.
There are exceptions, of course, but that is the general idea.
Theory in Practice
Now let’s say it’s allowed. You can sue whoever you want. Your father, mother, brother, and that annoying uncle that pesters you at every holiday dinner.
In fact, it’s not difficult to think of everyone in your close circle who has once wronged you. Perhaps they made promises they forgot to follow through with, or maybe they made a joke that you took seriously.
Regardless, it’s all on the table now. Sue away!
Everyone you know has also experienced similar situations. Theoretically speaking, they could all sue. The court system is going to be overwhelmed with all those requests. Anyone can suddenly be under threat of a lawsuit. Screw this whole family thing, does any of it matter?
Can you see the problem now?
Highlighted Case: Jones v Padavatton (1969)
TLDR: A mother promised her daughter to support her financially if she would study law in the UK. The eventual arrangement allowed the daughter (now studying law) to stay in a house the mother provided. Eventually, there was a falling out, and the mother sought possession of the house. Was there a binding contract?
Held: Nope. The daughter has no defence since there was no legally acknowledged agreement.
If you want to read about legal causation, check out this post!