Termination Terminating an engagement constitutes a breach of promise. 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. Category: You Promise to Marry Me. EXAMPLE: Paulette sues for breach of promise to marry. Edition: 1st. It’s often said amongst people that engagement is a contract, two parties mutually reaching consensus on their lifelong commitment to marry one another. The question whether or not the claim for breach of promise is a valid cause of action in South African law was once again considered in the Western Cape High Court. Yes, he can sue her for breach of promise to marry. Are employers required to accept and pay out extended notice periods to employees? 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. The unaware party may bring an action against the guilty party. Investigators have been working with banks to figure out which of their customers may have had their personal data exposed, according to SABRIC. 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. South African family law is concerned with those legal rules in South Africa which pertain to familial relationships. by Vutlhari Mathebula | Jan 19, 2021 | Commercial law, Publications, Tech Law. 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. van den Heever (F.P.) 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. 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. A breach of promise may give rise to two distinct causes of action. For example, a woman who has bought her trousseau and made her dress, or a man who has spent non-refundable money on tickets and hotel fees for the honeymoon, will be compensated. We carried on to be friends and became best friends and soulmates. If one of the parties decided to call off the engagement, it was seen as a breach of promise and carried with it potential claims for litigation. These damages are very small in am by Editorial | Nov 24, 2015 | FAMILY LAW |. The court found that the claim for damages arising from the breach of promise to marry is limited, to avoid the two extremes above and in consideration of the boni mores of society (“die regsopvattings van die gemeenskap” or “the morals of society”) the court referred to a judgement granted in the Western Cape Division: “[24]…that an action for prospective losses based on a breach of promise to marry no longer forms part of our law. 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. As a result they became engaged in 1999. 2. In South Africa, engagements could be dissolved by mutual agreement. 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. 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. 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. Thereafter, signatures were attached to documents for this purpose. . Public policy considerations encourage our courts to recognise it as such and to act accordingly. As far as breach of promise to marry is concerned, the courts are only concerned with what was actually performed by the claimant in consideration of the intended marriage, and It’s clear that the courts are not willing to delve into damages which may arise in the future. 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