Man must be careful when they date a virgin. If the relationship fails, he may have to pay RM3 million in damages as compensation.In a civil suit filed by a 30-year-old ex-virgin teacher from Kuching, she is claiming RM3 million as damages from her husband for causing her to lose nher virginity. She also named her father-in-law and mother-in-law for inducing their son to breach the contract of marriage.
The woman met her husband while she was still a student at a university. They dated for a few months and he asked her to have sex with him with a promise to marry her. They spent that night in a hotel and he found out that it was her first sex experience. They got registered at the registrar of marriage even though the boy's parent objected.
Her lawyer, Ernest Chua said their marriage was on paper only. "It is not the kind we all know and the kind all women want. It's a marriage obtained by misrepresentation."
Source: NST: Woman sues for loss of virginity on false promise
It seems the lawyer is citing the legal principles of contract by misrepresentation.
Misrepresentation as defined by law is "a false statement of existing fact, addressed to the victim which materially induces her to enter into the contract. The essence of misrepresentation is that the maker of the statement asserts the truth of the statement (or promise) & this operates to induce the contract.
The defendent would not be held liable if he can prove that he had reasonable ground to believe and did believe up to the time when the contract was made that the facts represented were true.
If the maker of the statement of opinion is in no better position to know the truth, and the recipient is aware of it, then there is no misrepresentation (see: Bisset v Wilkinson [1927] AC)
The remedy: Party induced to be put back to the position he would have been in had he not been induced to contract.
However, it would be difficult for the judge to monetized the tangible value of virginity. The problem is that both of them were adult and she had consented to the sexual acts; and he did marry her; the promise was honored and the contract of marriage formed legally. The factual issue now is that the parent-in-laws deemed her a misfit and vowed never to make her part of the family, which is not the initial terms of the promise between the two parties to the contract. Instead, she is seeking the party seeking the court to declare the marriage null and void; not he. So, where is the essence of misrepresentation? And Rm3 million for virginity? Isn't it too expensive? Maybe, not!
10 comments:
Mav
women nowadays are too much. they are becoming too materialistic and not willing to accept ageing and haggard looking as part of wear and tear of human life.
RM3million to her brain cells would be seen enough to make her look good in beauty saloon, but the fact is that she stooped too low even a stray dog has much value. well in Vietnam, they eat stray dog meat...
in this case, she has set precedence and there will be more ageing haggard single women around as man will only pay for them for trheir services and no longer value them as good living partner; just like in olden days of our Mom and Dad... till death do they apart.
funny thing is, its all started in Malaysia and i know Kuching girl is fair and lovely... TeoChew, FuChow, mainly are just perfect for Wife and Mother to kids, but now it seems they are the daylight vampire!
food for thought.
If she values virginity so much, why would she gave it up for him in the first place?
And why agreed to pre-marital sex based on just promises made by a man?
She's either very naive or a con artist.
Rm3 million for virginity? Bear in mind that this is university degree-class virginity, not ordinary virginity
Madam Ex-virgin Teacher might be very very interested to do this(price certainly mucho mucho less than RM3 million):
http://www.revirgination.net/
physical virginity - repair, find good surgeon.
emotional virginity - lost, need lots of therapy, or a right man / woman.
Her husband and parents-in-law are complaining because it seems Edison Chen didn't get sued for doing the same naughty thing to his starlets
One of those frivolous suits we are getting accustomed to in the Bolehland context just as justice becomes more just-ice.
the man promised to did marry her and he did that via marriage registration, so now official her husband is being sued now, cos his parents objected. which means no customary wedding dinner with his parents blessings.
officially they are still married, but she is not happy with this arrangements. so she is suing now to declare their marriage void, and her loss of virginity.
so the man did honor his promise to her, in this case.
I don't understand the logic. From legal point of view, if her husband die, her husband parent won't get a dime from the inheritance. If they divorce, her husband must share the wealth with her.
And howsy mentioned H-Plasty only costs RM 15,000.
Ling Ling Chatt,
You are not fair to women. Women gave virgin to men; so man must pay for it; nothing is free.
Hopeful,
You are right; when she gave it she did not consider the other aspect; now her lawyer is telling her to get $3m.
Jefus,
Wah, you really expert!!!
Moo_t,
You are right; but her lawyer advice her differently. Lawyer need to cari makan mah.
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