No claim for prospective loss for breach of promise to marry: In the case of Cloete v Maritz 2013 (5) SA 448 (WCC) the facts were that in 1998 the plaintiff, Ms Cloete, and the defendant, Mr Maritz, orally agreed to marry each other within a reasonable time. Promises to marry made by minors are voidable at the option of the minor. Yes, he can sue her for breach of promise to marry. The one is the actio iniuriarum. Saturday: 09h00 – 13h00, False, misleading or deceptive misrepresentations in terms of the Consumer Protection Act. The court held that Paulette could recover in a quasi-contract, quasi-tort action for foreseeable special and general damages. by Hamlet Heneke | Dec 18, 2019 | Antenuptial contract, Family Law, Publications | 0 comments. Published: Juta & Company, Cape Town, 1954 Edition: 1st Getting engaged to someone while married to someone else renders the engagement void, as it is against good morals. As appears from the above decision, no claim in law exist other than actual expenses incurred in the preparing of the marriage. Mechanisms to obtain security must operate independently of the intentions of the parties. EXAMPLE: Paulette sues for breach of promise to marry. In modern times there have been instances of successful actions by men. In terms of South African law of contract, there are two types of breaches that can occur where a party defaults in terms of its obligations. Get a Quote Client Portal Client Registration Form Articles Media & Events Contract4BizJoin our teamContact Us, The Use of Electronic Signatures for E-Commerce, Broad Based Black Economic Empowerment Advice and Planning, Thinking of resigning because continued employment has become intolerable – think again, Past loss for expenses incurred in anticipation of the marriage in the amount of R200 000 (furniture and other household goods). 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. 992 Fredenharry Road 2. Bids: 1. "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" 6 Major Dangers Of Breach Of A Marriage Promise: A Cataclysmic Timed-Bomb. Description; Seller Details; 74pp. Category: You Promise to Marry Me. the Plaintiff claimed R500 000 for general damages and the court considered previous awards granted with similar facts and granted R25 000 after the court was satisfied that the Plaintiff had suffered a personality right infringement and contumelia. 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. by Vutlhari Mathebula | Jan 19, 2021 | Commercial law, Publications, Tech Law. A unilateral promise is usually not considered an enforceable contract, and neither are deals based on past services. One thing a lot of people do not know is that when you promise to marry another person, you have created a contract to marry. Add to my favourites; Email this Environmental law. With regards to the second cause of action relating to delict or wrongful act causing harm, the court made it clear that there must be a distinction between the causes of action: “[49]. The court further indicated that the morals of society no longer requires that a party who had breached a promise to marry to be held accountable to the same measure prescribed by contractual damages, the court indicated that: “[30]. The woman may recover damages: 1. as compensation for the loss of her virginity and consequent impairment of her marriage prospects; and 2. if a child is born as a result of such seduction, lying-in expenses, maintenance for herself before, at the time of, and after, the confinement, and maintenance for the child. Telephone: 011 475 2845 The man in this case worked on a family farm, and the lady was the daughter of South African singer, Bless Bridges. Past or actual loss 2. It is often difficult to prove acceptance in oral contracts, which is why written agreements are generally preferred. Contact us at Schoemanlaw Inc. for all your family law needs. Published: Juta & Company, Cape Town, 1954 . The total claim of the Plaintiff was R2 500 000 and the court only granted R123 149.63 with costs. A popular Durban comedian, alleged to have proposed marriage to a divorced Phoenix woman during a two-month affair, is being sued for breach of promise. Promises made by a minor (someone under 18 years of age in most states). David moves to dismiss on the ground that the action is contrary to public policy. A breach of promise may give rise to two distinct causes of action. Future loss (Prospective damages);and 3. After Broken Engagement, Woman Sues Cheating Ex For $50,000 For “Breach Of Promise To Marry” And Wins Posted on December 20, 2013 - By … So, she was able to recover for mental anguish, loss to reputation and injury to health. 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. These damages are very small in am If maintenance is being claimed, paternity will have to be established. How does one ac­tu­ally go about su­ing an ex-lover? Impotence, sterility, criminality, and alcoholism also formed valid reasons to end an engagement. Often people are bullied to believe that the breach of a promise to marry may not only be humiliating but may also hold serious financial implications for the guilty party. Damages in the amount of R500 000. With the way he is rocking suits lately, one might think he has turned into a man of God! But what happens when things turn don’t work out? This will entitle Y to a refund in pure contractual terms. The first is what can be referred to as a “normal” breach, where a term, agreed to and set out in the agreement is breached by one of the parties either not performing at all or performing defectively. Edition: 1st. In some instance sentimentaldamages In some instances, it is more practicable to place the innocentparty in the position he/she would have bee… This means that the fact that the breach of contract itself was wrongful and without just cause does not mean that it was wrongful in the delictual sense, i e that it was injurious. Register. 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 We use cookies to give you the best possible experience on our website. A wrongful act, in relation to a verbal or written communication, would be one of an offensive or insulting nature.”. van den Heever (F.P.) 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. To hold a party liable for contractual damages for breach of promise could lead parties to enter into marriages they did not in good conscience want to enter into, doing so purely due to fear of being faced with such a claim, which situation was untenable. ADAM J found in the Gauteng division that the breach of promise to marry brings about two causes of action: “. South African family law is concerned with those legal rules in South Africa which pertain to familial relationships. Professor Hutchison is an Advocate of the High Court of South Africa and the Head of Internal Research Unit at the law firm Edward Nathan Sonnenbergs Ing. 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 … In this case the Plaintiff asked for general damages for sentimental loss (actio iniuria) and contumelia (insult). 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. General damages for the humiliation and the contumelious act by X for hurting Y’s feelings, amount of damages R300 000. BREACH OF PROMISE AND SEDUCTION IN SOUTH AFRICAN LAW. 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. Most couples get engaged before they get married. Acceptance — This is when the parties involved have clearly agreed to all of the contract’s essential terms. More often than not, where an employee resigns because continued employment has become intolerable to such an extent that the employee has no other alternative but to resign, such employee will claim constructive dismissal. When the plaintiff was unaware that the promisor was already married, however, he or she may recover. Viewers of the spicy show took to social media last night to share lit views about the programme. 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. Investigators have been working with banks to figure out which of their customers may have had their personal data exposed, according to SABRIC. 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. Breach of promise claims were based on common law, which are those laws which have been created over time but are not enacted by any legislation. Breach of promise is moreover an … 3. Oct 19, 2020 sa411. Have a similar item to sell? From the medieval times through the early 1900s, a man’s promise to marry a woman was widely considered to be legally binding. Jub Jub’s taste in suit apparel is never-ending, but it’s rather peaking on daily basis. In the case of Van Jaarsveld v Bridges, the court decided that a party cannot successfully institute a claim for prospective losses on the basis of a breach of promise to marry, because an engagement is not an ordinary contract in the context of contractual damages and should therefore not be placed on a rigid contractual footing. 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.”. In the broadest definition, a contract is an agreement two or more parties enter into with the serious intention of creating a legal obligation. It is worthunpacking what the law of contract says about breach. The ‘innocent’ party is entitled to sentimental damages if the repudiation was contumelious…[16] The second cause of action is for breach of contract. TERMINATION OF ELECTRICAL SUPPLY TO A PROPERTY DUE TO ARREAR HISTORICAL DEBT INCURRED BY THE PREVIOUS OWNER, IMPORTANCE OF A FIDELITY FUND CERTIFICATE ISSUED TO THE MEMBER AS WELL AS THE CLOSED CORPORATION. We use cookies to give you the best possible experience on our website. How it works. I visited him in 2007, 2010, 2012 and he visited me end of 2011/beginning 2012. 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. In this case Bridges sued Van Jaarsveld for damages for iniuria and breach … 26th Floor, 1 Thibault Square, 1 Long Street, Cape Town, 8000, Home About Us Our Services Book Online Why Us? Plaintiff therefore decided to sue for breach of promise – Cloete v Maritz (2013 (5) SA 448 (WCC). This article was written specifically to help those who make marriage promises that they never keep. They are consonant with the substitution of irretrievable breakdown for fault as the basis of divorce in the above jurisdictions. Friday: 07h00 – 17h00 This effectively excluded any damages for breach of the promise to marry. The validity of a marriage agreement is determined similarly to any other agreement. 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. Getting engaged to someone while married to someone else renders the engagement void, as it is against good morals. ADAM J found in the Gauteng division that the breach of promise to marry brings about two causes of action: “[15]. The South African Police Service will also be able to retain and store these fingerprints and body-prints on a database, and the prints may also be used for the purposes of comparative (and cold-case) searches. 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. Breach of promise definition is - violation of a promise especially to marry. 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. The Supreme Court of Appeal’s Judgment in Van Jaarsveld v Bridges 2010 (4) SA 558 (SCA), it was found that no claim in South African law exists other than the actual expenses incurred in the planning and preparation of the marriage. Defendant breached that promise and had also started seeing someone else. Ten years later Mr. Maritz refused to marry Ms. Cloete and informed her that he did not want to see her again as he had found someone new in his life. 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. I met someone from the UK on a dating site in 2006. If … 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. Nlapho v Zima and appropriateness of contractual damages. . 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. In this Court, Judge Robert Henney was the presiding Judge in the matter of ES Cloete vs A Maritz. 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. 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