A unilateral promise is usually not considered an enforceable contract, and neither are deals based on past services. Thereafter, signatures were attached to documents for this purpose. This does not mean that one of the parties should not be involved to further determine the final duties. South Africa has not, so far, followed suit in abolishing breach of promise actions, but it is suggested that it should…”. In pre-pandemic Jordan, only about 10% of girls were married before the age of 18, a much lower percentage than in Africa or South Asia. Breach of promise to marry [The final decision in Van Jaarsveld vs. Bridges 2010(4) SA 558 (SCA)] In one of my previous articles I mentioned and briefly discussed that the abovementioned case had made newspaper headlines. Breach of promise is moreover an … Promises … The man in this case worked on a family farm, and the lady was the daughter of South African singer, Bless Bridges. Breach of promise to marry-- is this still grounds for a lawsuit? Mechanisms to obtain security must operate independently of the intentions of the parties. So, someone can engage you for 20 years, you cannot sue him for breach of marriage promise if there was no agreement date— he can just say ‘I will marry you’ and you will never get any benefits of marriage if he dies, his children or family will get it by law. When a court considers damages for breach of promise, it will take into account money spent by the innocent party in preparation for the marriage. Is there any recourse available to the party who is at the receiving end of a breach of promise to marry. In applying the above to a cause of action of breach of a promise to marry, without looking at a factual scenario, the below is what an innocent party would have been entitle to, provided that it can be proven, on pure contractual damages principles: The above scenario constitutes an action based purely on contractual damages for the breach of the promise to marry and delictual damages for hurting the feelings of Y. Defendant breached that promise and had also started seeing someone else. It is worthunpacking what the law of contract says about breach. An engagement is therefore a time to get to know each other better and in which the parties should decide whether or not to finally get married. Add to my favourites; Email this Environmental law. Published: Juta & Company, Cape Town, 1954 Edition: 1st Those who make marriage promises that they are not sure to fulfill or that they know, in their hearts of heart, that they are not willing to fulfill. What is clear is that the refund does not stem from the breach of promise to marry but stems from the agreement to purchase goods. Similarly, a promise to marry someone who is already married is invalid, provided the promisee knew this fact. 2. Republic of South Africa IN THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE HIGH COURT, CAPE TOWN) [REPORTABLE] CASE NO: 6222/2010 In the matter between: ELSIE SOPHIA CLOETE Plaintiff and ANDRIES WILHELMUS JACOBUS MARITZ Defendant JUDGMENT DELIVERED ON 24 APRIL 2013 _____ HENNEY, J Introduction [1] The Plaintiff has instituted a claim against the Defendant which is based on a breach of promise … Engagement may be cancelled without financial consequences if there is a just cause for the cancellation. Section 74 of the Bill says that even though a promise by a person to marry another person is not legally binding, the partners who feel they have suffered as a result of a broken promise can seek compensation. 1 RESEARCH PAPER TOWARDS THE COMPLETION OF THE DEGREE BACCULAUREUS LEGUM (LLB) at the UNIVERSITY OF SOUTH AFRICA (UNISA) by PIERRE JOHAN LOUW 04160703 in respect of the following topic in PRIVATE LAW to wit "The justiciability of an action for contractual damages for breach of promise to marry in South African law in modern times, based on a critical analysis of relevant case … Breakdown in the trust relationship continued – is direct evidence required by the employer? With the way he is rocking suits lately, one might think he has turned into a man of God! Breach of promise to marry by partner is not rape: Gujarat High Court In a path-breaking judgment, the Gujarat High Court on Friday ruled that breach of promise to marry cannot substantiate rape charge and quashed a complaint against a Surat-based man by his former live-in partner. General principles of contract allow for, once a contract is breached, the innocent party to claim damages, most notably the following heads: In some instances, it is more practicable to place the innocent party in the position he/she would have been in had the breach not taken place. In light of the aforesaid it is clear that the world has moved on and morals have changed and that a claim for breach of promise is not a valid cause of action in South African law. Plaintiff therefore decided to sue for breach of promise – Cloete v Maritz (2013 (5) SA 448 (WCC). He is also a professor in the Department of the University of Cape Town, where he was the general principles of contract law and the law regarding teaching session. Nlapho v Zima and appropriateness of contractual damages. ADAMS J went further and considered the comparative law and referred to Sinclair Law of Marriage at 314 (fn 8) and came to the following conclusion as the to the position in other countries with regards to a claim of damages arising from breach of promise to marry: “In England, Scotland, Australia and most European jurisdictions breach of promise actions have been abolished. Furthermore, back to the above scenario, had the parties agreed that they would be equally liable for furniture, and Y purchased all the goods and furniture in contemplation of the intended marriage. Termination Terminating an engagement constitutes a breach of promise. Clearly, to hold a party therefore accountable on a rigid contractual footing where such a party fails to abide by a promise to marry does not reflect the changed mores or public interest. Getting engaged to someone while married to someone else renders the engagement void, as it is against good morals. Telephone: 011 475 2845 Consumer Protection Act: Overbooking and Overselling, Section 61 of the Consumer Protection Act. The lady had in the past been married four times, of which all were unsuccessful. Lot closed. In the broadest definition, a contract is an agreement two or more parties enter into with the serious intention of creating a legal obligation. The one is the actio iniuriarum. Sectional Title Properties: WHO IS RESPONSIBLE TO MAINTAIN AND REPAIR LEAKING PIPES? In some instance sentimentaldamages In some instances, it is more practicable to place the innocentparty in the position he/she would have bee… As a result of that promise they got engaged in 1999. A minor may sue on such a promise but may not be sued, even if he or she has ratified the promise after coming of age. The main reasons for the abolition of actions based on breach of promise are that they give opportunity for claims of a ‘gold-digging’ nature, and that the “stability of marriage is so important to society that the law should not countenance rights of action the threat of which may push people into marriages which they would not otherwise undertake” . Published: Juta & Company, Cape Town, 1954 . Breach of promise definition is - violation of a promise especially to marry. The Act also allows an involved third party (such as a family member) to take legal action. ADAM J found in the Gauteng division that the breach of promise to marry brings about two causes of action: “[15]. The recent supreme court of appeal case, Afribusiness NPC v The Minister of Finance (Case no 1050/2019) [2020] ZASCA 140 (2 November... by Hamlet Heneke | Jan 18, 2021 | Family Law, Publications. A claim based on an agreement to marriage is decided upon the terms and conditions in the agreement and the validity of the agreement entered into by the parties. This principle is strictly in line with contractual damages and creates a hypothetical situation that places the innocent party in the position he/she would have been in had the contract been enforced. The ‘innocent’ party is entitled to sentimental damages if the repudiation was contumelious…[16] The second cause of action is for breach of contract. . Even more so if the law relating to damages that can be claimed on a breach of promise to marry is based on a pre – constitutional heterosexual definition of marriage which traditionally placed women on an unequal footing to men.”, Abolishment of the claim for prospective damages in case of breach of promise to marry. Email or share. If … Promises made by a minor (someone under 18 years of age in most states). After Broken Engagement, Woman Sues Cheating Ex For $50,000 For “Breach Of Promise To Marry” And Wins Posted on December 20, 2013 - By … As a result they became engaged. Ms. Cloete instituted a claim against Mr. Maritz for the following relief: The Court found that to hold a party accountable on a rigid contractual footing where such party failed to abide by a promise to marry did not reflect the changed mores or public interest. Having answered this question in the affirmative, Henney J went on and found that, as our law stands at present, a party cannot claim for prospective losses as a result of a breach of a promise to marry.”. Getting engaged to someone while married to someone else renders the engagement void, as it is against good morals. These damages are very small in am Have a similar item to sell? In this case the Plaintiff asked for general damages for sentimental loss (actio iniuria) and contumelia (insult). IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, PRETORIA CASE NO: 2016/8478 In the matter between: NHLAPO, FALICLITY NONCEBO Plaintiff and ZIMU, MTSHENGU WILBEFORCE Defendant Coram: Adams J Judgment: Adams J Heard on: 1 & 2 June 2017 Decided on: 1 September 2017 Summary: Marriage — Promise to marry — Breach — Contractual damages — Law no longer permitting … South African contract law is ‘essentially a modernized version of the Roman-Dutch law of contract’, which is itself rooted in canon and Roman laws. Once a date for the marriage has been determined, there is a reciprocal duty to marry on that date, unless the date is changed by mutual agreement. Impotence, sterility, criminality, and alcoholism also formed valid reasons to end an engagement. ADAM J found in the Gauteng division that the breach of promise to marry brings about two causes of action: “. "The justiciability of an action for contractual damages for breach of promise to marry in South African law in modern times, based on a critical analysis of relevant case law, with the view to determining whether the current legal position is sustainable or not" So, she was able to recover for mental anguish, loss to reputation and injury to health. Additionally, the person refusing to marry was unable to sue for breach of promise. In terms of South African Law, can I sue a partner for a breach of promise to marry if I have documented evidence in - Answered by a verified Lawyer . 3. The total claim of the Plaintiff was R2 500 000 and the court only granted R123 149.63 with costs. The final discussion regarding the relevance an d suitability of the action for breach of promise within a modern day South African societal context is based on the premise which has been established and confirmed by the reception history. The above scenario, if a party were to be successful, would potentially bring about unfairness and a huge decline in people committing to marriage. Human rights lawyer Grace Maingi told reporters that this is not as harsh as it looks because a court would have to determine whether damages are due. Category: You Promise to Marry Me. In this instance, Y must be placed in a position Y would have been in had the agreement not been concluded. If the engagement is broken (called off) and there is a dispute between the couple over property or finances, the Family Law Act 1981 allows them to take legal action against each other. Damages for breach of contract Miss Kingsbridge is in a position to sue for the breach of contract of engagement. Investigators have been working with banks to figure out which of their customers may have had their personal data exposed, according to SABRIC. Donation that she allegedly made to him ; loss of financial benefits of the marriage 2012! 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