either the plaintiff or the defendant which incapacitates him or her from carrying out the agreement is a good defense.
A termination of the agreement to marry may be inferred from the cessation of communication between the parties and other circumstances. An offer to carry out the agreement where it has been made before the commencement of the action and has been refused by the plaintiff establishes a good defense.
The damages which may be recovered in this action are left almost entirely to the discretion of the jury. The injury to the affections of the plaintiff, the prejudice to her future life and standing, the social conditions of the parties and the defendant's means are all matters to be taken into consideration.
The damages may be aggravated by the fact of the defendant having seduced the plaintiff after promise of marriage or of his having infected her with a disease. The defendant may set up in mitigation of damages that relatives disapprove of the match, or, in the rare case where the plaintiff