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Some of the original theory behind this tort was based on the idea that a woman would be more likely to give up her virginity to a man if she had his promise to marry her.

If he seduced her and subsequently refused marriage, her lack of virginity would make her future search for a suitable husband more difficult or even impossible.

Valid engagements could be broken without penalty by either party upon discovery of significant and material facts, such as previously unknown financial state (if completely concealed, rather than partially revealed: the Shell case in Georgia in 2008 permitted a jury award to the woman of $150,000 although the man breaking the engagement stated that he did so after paying $30,000 of her debts when he discovered she still owed more), bad character, fraud, too-close blood relations, or the absolute physical or mental incapacity of the betrothed.

In South Africa, engagements could be dissolved by mutual agreement.However, in the 18th and 19th centuries, the main factors were compensation for the denial of the woman's expectations of becoming "established" in a household (supported by her husband's wealth) and possible damage to her social reputation, since there were a number of ways that the reputation of a young never-married woman of the genteel classes could be damaged by a broken engagement, or an apparent period of intimacy which did not end in a publicly announced engagement, even if few people seriously thought that she had lost her virginity.She might be viewed as having broken the code of maidenly modesty of the period by imprudently offering up her affections without having had a firm assurance of future marriage. In Illinois, for example, documented wedding expenses can be recovered, but damages for emotional distress are prohibited, and notice of an intent to sue must be provided within three months of the engagement being dissolved.Impotence, sterility, criminality, and alcoholism also formed valid reasons to end an engagement.Additionally, the person refusing to marry was unable to sue for breach of promise.If the man were to subsequently change his mind, he would be said to be in "breach" of this promise and subject to litigation for damages.

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