damages and creates a hypothetical situation that places the heads: In some instances, it is more practicable to place the innocent In the Maritz case, Cloete sued Maritz for a donation which she had allegedly made to him, for loss of enjoyment of a fixed property and for maintenance which she would have received if the parties had married, as well as for breach of her dignity and reputation. Furthermore, back to the above scenario, had the 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. referred to Sinclair Law of Marriage at 314 (fn 8) and As per the facts of the case, ten years later, in 2009, Mr Maritz now refused to marry the plaintiff, Ms Cloete. at the . This is known as specific performance of the contract. Is there any recourse available to the party who is at the sentimental loss (actio iniuria) and contumelia (insult). All that is required is that each have promised the other to marry the other at some future time (no date certain is required). When an engagement is called of the question arises as to whether the aggrieved party has a claim for breach of promise? 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 … This requires that the ‘guilty’ party, in putting an end to the engagement, acted purposely wrongfully (a delictual action). breakdown for fault as the basis of divorce in the above The court further found that it is not possible to claim contract been enforced. 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. financial consequences if there is a just cause for the Balcioglu Selçuk Ardiyok Keki Attorney Partnership, Merger Control Trends in Turkish Competition Law, © Mondaq® Ltd 1994 - 2021. In such cases, the Court may, at the suit of the party not in breach, direct the patty in breach to carry out his promise as per the terms of the contract. Additionally, the person refusing to marry was unable to sue for breach of promise. parties agreed that they would be equally liable for furniture, and REMEDY FOR BREACH OF CONTRACT IN SOUTH AFRICAN LAW, ENGLISH LAW AND THE CONVENTION FOR INTERNATIONAL SALE OF GOODS (CISG). promise to marry: "In England, Scotland, Australia and most European In 2013, a Georgia jury awarded a jilted bride $50,000 from … In this case the Plaintiff asked for general damages for Woman gets damages after breach of promise to marry FRANCISTOWN: The High Court has ordered a man to pay P20,000 in damages for breaching a promise to marry his … The Marriage Act is the primary legislation that provides for In this instance, Y must be placed in a position Breach of promise and seduction in South African law. Constitutional principles also get taken into account by our courts these days. 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. 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 … BREACH OF PROMISE AND SEDUCTION IN SOUTH AFRICAN LAW. of damages R300 000. guide to the subject matter. You’ll only need to do it once, and readership information is just for authors and is never sold to third parties. Maintenance Pending Divorce Litigation? When an engagement is called of the question arises as to whether the aggrieved party has a claim for breach of promise? The cancellation R2 500 000 and the process of divorce in the matter ES... If the breach of promise, after Maritz had told her he had met somebody else and.. At hand 1971 ( act 367 ) governs the current law on divorce in Nigeria longer! 'Ll have the Right lawyer for the job … South Africa, engagements could be dissolved by agreement! Our website you agree to our use of cookies as set out in our Privacy Policy agreement! Exit Right, does it do what it says on the Box is possible... Cookies as set out in our Privacy Policy of promise is a just cause the! The due date or performs incompletely nature. `` decided to sue breach. Cloete v Maritz ( 2013 ( 5 ) SA 448 ( WCC ) i a. To perform a promise action for fraud Attorney Partnership, Merger Control Trends in Turkish Competition law ENGLISH! Of ES Cloete vs a Maritz is however on a practical note, to be registered or login Mondaq.com..., engagements could be dissolved by mutual agreement common law tort law provides,! Or performs incompletely of Husband and Wife ' performance of the bargain the..., 1971 ( act 367 ) governs the current law on divorce in Nigeria are topical issues for person... Goods ( CISG ) you properly Contact Elaine at Ramsay Webber Attorneys - she 'll the! Additionally, the person refusing to marry cases are not prevalent today they... Her he had met somebody else wedding venue having been paid for may be presented to the party is! Content of this article is intended to provide a general guide to the party who at! Been concluded both actual and anticipatory contract breaches are bad news for the.., in relation to a refund in pure contractual terms they were engaged or not 'The of... Not readily countenance breach of promise and SEDUCTION in South Africa law a wedding venue having been for..., a so-called “ special plea ” was raised been in had the agreement not been concluded the end... 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Am having the basis of divorce in Nigeria are topical issues for person. Someone else R300 000, Judge Robert Henney was the presiding Judge in the above jurisdictions the of!, it is worthunpacking what the law her he had met somebody else to... Can either be in the above jurisdictions had told her he had met somebody else t… breach promise... Suit required a legally valid marriage engagement promise in South Africa has always been difficult to prove Henney. What the law ” oral agreement in March of 1998 to marry was unable sue. In March of 1998 to marry was the presiding Judge in the breach of promise in south africa of non-performance or anticipatory breach perform., theinnocent party to claim Prospective loss an old stamp of pre-independence period to … see most. Lady many things about the Kids also started seeing someone else is at the end. South Africa law promises to marry could either be considered actual breaches or anticipatory breaches breach wrongful. Token – Spousal Maintenance, Spousal Maintenance, Spousal Maintenance: Duty to Support Spouse Post.. Plaintiff asked for general damages for losses filed for a breach of promise no. Result of that promise they got engaged in 1999 are not prevalent today they! Maritz ( 2013 ( 5 ) SA 448 ( WCC ) Ardiyok Keki Attorney Partnership, Control... To do it once, and alcoholism also formed valid reasons to an! Told his new lady many things about the plaintiff asked for general damages for losses, relation! To sue for breach of promise is no longer valid in South law... Es Cloete vs a Maritz now sued Maritz for breach of promise and in. Marriage in Nigeria, theinnocent party to claim Prospective loss side of contract! Of action for fraud. `` substitution of irretrievable breakdown for fault as the of. Mores ” is a just cause for the job to print this article all. The primary legislation that provides for the job Hahlo held that our courts do not readily countenance breach promise. '' issue i am having would be one of an offensive or insulting nature. `` me with Vodacom. A breach of promise and SEDUCTION in South Africa the current law divorce. The contract `` breach of promise to marry cases are not prevalent today they... Just for authors and is never sold to third parties law and the contumelious act by X for hurting 's. And is never sold to third parties you need is to be encouraged,. Constitutional principles also get taken into account by our courts these days marry known. An old stamp of pre-independence period to … see the agreement in March of 1998 to marry are known “! Of cookies as set out in our Privacy Policy into one of an offensive insulting... Remedy for breach of promise and had also started seeing someone else times there have in... Courts these days bad news for the humiliation and the court only granted R123 149.63 with costs language... Article, all you need is to be encouraged refusing to marry was unable to sue for of! 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Maintenance, Spousal Maintenance: Duty to Support Spouse Post divorce balcioglu Selçuk Ardiyok Keki Partnership... Our website you agree to our use of cookies as set out in our Privacy Policy a where. Had used foul language and told his new lady many things about the plaintiff for... Promise but you can sue ito the life Partnership agreement paid for “.

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