South Africa Law. of damages R300 000. BEAUTY VAMBE . Breach of promise and seduction in South African law. 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. at the . By . REMEDY FOR BREACH OF CONTRACT IN SOUTH AFRICAN LAW, ENGLISH LAW AND THE CONVENTION FOR INTERNATIONAL SALE OF GOODS (CISG). Repudiation of a promise to marry is however no longer seen in the serious light that it was when marriage was regarded as the only proper course for all women and where breach of promise was likely to prejudice their reputation.” Get this from a library! In this plea the defendant averred that the claim for breach of promise is no longer valid in South African law. will entitle Y to a refund in pure contractual terms. The courts these days take into account the “mores” (“values”/ “customs”) of society and public policy in determining whether or not a claim for breach of promise should be successful or not. A South African court must authorise the execution of a post-nuptial contract for it to be valid in South Africa, whether against spouses or third parties. South African family law is concerned with those legal rules in South Africa which pertain to familial relationships. cancellation. These damages are very small in am BREACH OF PROMISE IN SOUTH AFRICAN LAW 2.1 THE POSITION BEFORE 2008: The justiciability of breach of promise actions in our law has been debated with growing prominence 15for longer than 50 years. regsopvattings van die gemeenskap" or "the morals of the repudiation was contumelious...[16] The second cause of action In applying the above to a cause of action of breach of a Clearly, to hold a party therefore accountable about your specific circumstances. They can either be considered actual breaches or anticipatory breaches. Defendant breached that promise and had also started seeing someone else. financial consequences if there is a just cause for the In 1946 Prof Hahlo held that our courts do not readily countenance breach of promise … 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. 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. In this instance, Y must be placed in a position ADAM J found in the Gauteng division that the 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 … in consideration of the intended marriage, and It's clear that Y purchased all the goods and furniture in contemplation of the Breach of promise; Termination by one party that is justified and based on sound reasons; It is important to establish whether there is a just cause for cancellation. submitted in accordance with the requirements . Usually at the end of a relationship a party just moves on, irrespective of whether they were engaged or not. If there is, the engagement may be validly terminated. However, if the husband's domiciliary law at the time that a post-nuptial contract is executed recognises such a contract, then South … This is known as specific performance of the contract. Impotence, sterility, criminality, and alcoholism also formed valid reasons to end an engagement. ‘gold-digging’ nature, and that the “stability of The court upheld the special plea. The plaintiff also claimed that the defendant had used foul language and told his new lady many things about the plaintiff. In this Court, Judge Robert Henney was the presiding Judge in the matter of ES Cloete vs A Maritz. South African family law is concerned with those legal rules in South Africa which pertain to familial relationships. When an engagement is called of the question arises as to whether the aggrieved party has a claim for breach of promise? Cloete v Maritz, involved a case where Ms Cloete and Mr Maritz got engaged in 1999. In this case the Plaintiff asked for general damages for Connect one-on-one with {0} ... may be sued for seduction as well as for breach of promise - as long as his fiancèe was a virgin before they had sex. General requires that a party who had breached a promise to marry to be Often people are bullied to believe that the breach of a promise Henney J found, in this case, that to hold somebody liable for breach of promise does not reflect the changed “mores” or public interest of society. R25 000 after the court was satisfied that the Plaintiff had South Africa has not so far followed suit in abolishing breach of promise actions but it is suggested that it should. at the . are only concerned with what was actually performed by the claimant 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. “Mores” is a Latin word, meaning “customs” or “morals” or “standards”. be a distinction between the causes of action: "[49]. Y would have benefitted out of the damages and creates a hypothetical situation that places the In 2013, in the case of Cloete v Maritz where a woman sued her fiancé for breach of promise, the judge confirmed the Van Jaarsveld decision and said that whilst there would be a valid claim for actual expenses incurred due to the preparation for a wedding, no delictual claim was allowed for sentimental damages suffered. We need this to enable us to match you with other users from the same organisation, it is also part of the information that we share to our content providers ("Contributors") who contribute Content for free for your use. The Marriage Act is the primary legislation that provides for As far as breach of promise to marry is concerned, the courts is what an innocent party would have been entitle to, provided that The parties will not be entitled to damages for losses. ‘innocent’ party is entitled to sentimental damages if The parties will not be entitled to damages for losses. Specialist advice should be sought I have to see the agreement in order to advise you properly. R123 149.63 with costs. A breach of promise suit required a legally valid marriage engagement. distinct causes of action. 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 … long and happy marriage and which can induce any right-minded Impotence, sterility, criminality, and alcoholism also formed valid reasons to end an engagement. A South African court must authorise the execution of a post-nuptial contract for it to be valid in South Africa, whether against spouses or third parties. jurisdictions breach of promise actions have been abolished. All that is required is that each have promised the other to marry the other at some future time (no date certain is required). This requires that the ‘guilty’ party, in putting an end to the engagement, acted purposely wrongfully (a delictual action). the courts are not willing to delve into damages which may arise in the celebration of marriage in Nigeria. Maintenance Pending Divorce Litigation? about unfairness and a huge decline in people committing to The global COVID19-related death toll has breached the two million mark, with over 93.7 million infections recorded since the pandemic began in late December 2019. promise are that they give opportunity for claims of a intended marriage. Once a summons is served, in the normal course, a plea and counterclaim would be served in response to the averments made in the summons. 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. Published: Juta & Company, Cape Town, 1954 Edition: 1st POPULAR ARTICLES ON: Family and Matrimonial from South Africa. MASTER OF LAWS . I think it is about time now that South Africa should abolish the breach of promise actions like in England, Scotland, Australia and other American jurisdictions. In further considering the breach of promise action, Henney J noted that it had been abolished in England, Scotland, Australia, most US states and much of Europe.29 He cited with approval comments by Sinclair30 that the action gives “opportunity for claims of a ‘gold-24The Constitution of the Republic of South Africa Act 108 of 1996. South African law recog­nises the breach of prom­ise clause, and al­lows for scorned lovers to get com­pen­sa­tion for prom­ises of mar­riage which were never ful­filled. FEBRUARY 2016 marry.". Engagement may be cancelled without held accountable to the same measure prescribed by contractual This principle is strictly in line with contractual and found that, as our law stands at present, a party cannot claim The laws governing promises to marry are known as “ Heart Balm Laws .”. Sipho Nkosi, an at­tor­ney at Modise At­tor­neys In­cor­po­rated in Krugers­dorp on the West Rand, ex­plains the law. Promises to marry made by minors are voidable at the option of the minor. 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. Additionally, the person refusing to marry was unable to sue for breach of promise. In 2013, a Georgia jury awarded a jilted bride $50,000 from … To base a claim for breach of promise to marry on a rigid contractual footing, in the sense that a claim for prospective losses would be permissible, was not a valid course of action, according to the court. breach of promise to marry is limited, to avoid the two extremes Plaintiff claimed R500 000 for general damages and the court Is there any recourse available to the party who is at the 2. anticipation of the marriage in the amount of R200 000 (furniture considered previous awards granted with similar facts and granted ... Once he proposed to me i decided to stay in south africa for good as i was just a temporary resident when we … Breach of promise A breach of promise may give rise to either of two distinct courses of action: The ‘innocent’ party may be entitled to sentimental damages if the repudiation was extremely rude and arrogant. Plaintiff therefore decided to sue for breach of promise – Cloete v Maritz (2013(5) SA 448 (WCC). "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" Supervisor. traditionally placed women on an unequal footing to have benefitted from this had Y not committed the breach. One of the reasons for the abolition of breach of promise actions is that they give an opportunity for claims of a "gold-digging" nature. PROF PIETER BAKKER. see HR Hahlo 'The Law of Husband and Wife'. party in the position he/she would have been in had the breach not 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. UNIVERSITY OF SOUTH AFRICA . claim of the Plaintiff was R2 500 000 and the court only granted . Additionally, the person refusing to marry was unable to sue for breach of promise. 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. society") the court referred to a judgement granted in the . receiving end of a breach of promise to marry. c an i sue for breach of promise? came to the following conclusion as the to the position in other The divorce laws and the process of divorce in Nigeria are amongst people that engagement is a contract, two parties mutually condition or actions of the other party which would jeopardise a However, if the husband's domiciliary law at the time that a post-nuptial contract is executed recognises such a contract, then South … countries with regards to a claim of damages arising from breach of If a state does not enforce a heart balm statute, then no lawsuit may be filed for a breach of promise to marry. This is known as specific performance of the contract. UNIVERSITY OF SOUTH AFRICA . means that the fact that the breach of contract itself was wrongful Tweet South Africa has not so far followed suit in abolishing breach of promise actions but it is suggested that it should. 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. . and the contumelious act by X for hurting Y's feelings, amount marriage. 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. should...". In modern times there have been instances of successful actions by men. . To print this article, all you need is to be registered or login on Mondaq.com. Repudiation of a promise to marry is however no longer seen in the serious light that it was when marriage was regarded as the only proper course for all women, and when breach of promise was likely to prejudice their reputation.' claimed on a breach of promise to marry is based on a pre – is that the refund does not stem from the breach of promise to marriage is so important to society that the law should not It's often said delictual damages for hurting the feelings of Y. Just cause is usually defined as any event or In South Africa, engagements could be dissolved by mutual agreement. jurisdictions. promise to marry: "In England, Scotland, Australia and most European The court further found that it is not possible to claim loss of money due to a wedding venue having been paid for. heads: In some instances, it is more practicable to place the innocent With regards to the second cause of action relating to delict or In further considering the breach of promise action, Henney J noted that it had been abolished in England, Scotland, Australia, most US states and much of Europe.29 He cited with approval comments by Sinclair30 that the action gives “opportunity for claims of a ‘gold-24The Constitution of the Republic of South Africa Act 108 of 1996. In this case, a so-called “special plea” was raised. Logically one should countenance rights of action the threat of which may push people Dianne B.: Contact Elaine at Ramsay Webber Attorneys - she'll have the right lawyer for the job. main reasons for the abolition of actions based on breach of By using our website you agree to our use of cookies as set out in our Privacy Policy. You’ll only need to do it once, and readership information is just for authors and is never sold to third parties. 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. Ronald & Bobroff, “The engagement”. Want to find out who they refer? parties agreed that they would be equally liable for furniture, and Under Nevada law, this need not be in writing (as a prenuptial agreement is required to be), but may have been made orally by both parties. Get your South African law questions answered by Experts. principles of contract allow for, once a contract is breached, the 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. Impotence, sterility, criminality, and alcoholism also formed valid reasons to end an engagement. Mondaq uses cookies on this website. to marry brings about two causes of action: "[15]. But what happens when things turn don't work out? Cancellation of a contract is a general remedy for breach of contract recognised in South African law and is often referred to as a drastic remedy as it brings the contract to an end. men.". submitted in accordance with the requirements . Statistics have it that the number of ultra-high net worth individuals are increasing year on year adding to the equally increasing number of high-net-worth individuals – which means that the demand. "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" van den Heever (F.P.) One of the reasons for the abolition of breach of promise actions is that they give an opportunity for claims of a "gold-digging" nature. T… The court found that considerations of public policy and changed “mores” did not permit a party to be made to pay prospective damages on a purely contractual footing, where such a party wanted to resile from a personal relationship and thus committed a breach of promise to marry. By . Nigeria. The Even more so if the law relating to damages that can be Generally, promises made by—but not to—people who had not reached the age of majoritycould be broken at any time, without penalty, as could the promise made by a married person (e… © Mondaq® Ltd 1994 - 2021. South Africa has not, so far, followed suit in abolishing breach of promise actions, but it is suggested that it should…” 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: I need a reliable lawyer to guide me with a Vodacom "breach of contract" issue I am having. The court found that the claim for damages arising from the member of society to rescind the engagement.". SUPERVISOR: PROFESSOR SIEG EISELEN . delictual sense, i e that it was injurious. breakdown for fault as the basis of divorce in the above 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. A breach of promise can only lead to sentimental Breach of promise is a former common law tort. Terminating a contract may not always be the commercially sensible remedy for breach of contract as it may further delay the completion of the project, increase the project cost and even expose a contracting party to … scenario, if a party were to be successful, would potentially bring Having answered this question in the affirmative, Henney J went on Breach of promise in South African law has always been difficult to prove. This damages, the court indicated that: "[30]. Exit Right, Does It Do What It Says On The Box? MODULE CODE: HMLLB innocent party to claim damages, most notably the following The To attempt to avoid a claim for unfair dismissal,... by Raeesa Ebrahim Atkinson | Dec 8, 2020 | Commercial law, Contract Drafting, Publications. Although breach of promise to marry cases are not prevalent today, they do occur. above and in consideration of the boni mores of society ("die abolishing breach of promise actions, but it is suggested that it 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 … van den Heever (F.P.) In the case of a void marriage, the court decree is not important to bring the marriage to an end because the parties were never husband and wife in the face of the law in the first instance. referred to Sinclair Law of Marriage at 314 (fn 8) and 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. The breach of promise to marry could either be in the form of non-performance or anticipatory breach. A wrongful act, in relation to a verbal or written communication, 000 and X's business would have grown substantially and Y would ADAMS J went further and considered the comparative law and Get this from a library! financial implications for the guilty party. Balcioglu Selçuk Ardiyok Keki Attorney Partnership, Merger Control Trends in Turkish Competition Law, © Mondaq® Ltd 1994 - 2021. These damages are very small in am Divorce Laws And Process Of Divorce In Nigeria, Grounds For Divorce In Ghana: - The Basics, The Process And Grounds For Annulment Of Marriage In Nigeria, Overview Of Statutory Marriage In Nigeria, The Emergence Of Family Offices In Mauritius, Understanding The Process Of Obtaining Grant Of Probate And Letters Of Administration At The Probate Registry (The Lagos Example), Child Custody (Primary Residence) Law South Africa. South Africa has not, so far, followed suit in In 2013, a Georgia jury awarded a jilted bride $50,000 from … 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. A breach of promise may give rise to two 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 agreement, as it happens in many cases of engagement, was that instead of setting a fixed date, they would get married within a reasonable time. unpacking what the law of contract says about breach. 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. [Francois Petrus van den Heever] for prospective losses as a result of a breach of a promise to (Bloomberg) -- South Africa’s volatile currency caught Citigroup Inc. in a wrong-way bet within a day.The New York-based lender recommended a … Published: Juta & Company, Cape Town, 1954 Edition: 1st In this Court, Judge Robert Henney was the presiding Judge in the matter of ES Cloete vs A Maritz. marriage as X is a member of a pension fund to the value of R400 The above contractual damages for the breach of the promise to marry and South Africa has not, so far, followed suit in abolishing breach of promise actions, but it is suggested that it should. !function(d,s,id){var js,fjs=d.getElementsByTagName(s)[0];if(!d.getElementById(id)){js=d.createElement(s);js.id=id;js.src="https://platform.twitter.com/widgets.js";fjs.parentNode.insertBefore(js,fjs);}}(document,"script","twitter-wjs"); married overseas annulmentreasons for divorce. into marriages which they would not otherwise undertake” . to marry may not only be humiliating but may also hold serious commence by enquiring whether there has been a wrongful overt act. DEPARTMENT OF PRIVATE LAW. An action for breach of promise to marry may be taken by a man as well as a woman. An actual breach occurs when one person refuses to fulfill his or her side of the bargain on the due date or performs incompletely. However, recovery may still be possible through a cause of action for fraud . suffered a personality right infringement and contumelia. damages if the breach was wrongful in the delictual sense. It is seldom in my career that I have had a client adamant on persisting with pursuing a claim for breach of promise, unless actual expenses have been incurred, e.g. SUPERVISOR: PROFESSOR SIEG EISELEN . South Africa has not, so far, followed suit in abolishing breach of promise actions, but it is suggested that it should…”3 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 This is for breach of contract. contract been enforced. They are consonant with the substitution of irretrievable All Rights Reserved. it can be proven, on pure contractual damages principles: The above scenario constitutes an action based purely on Relocation Within And Across The South African Borders – What About The Kids? and other household goods). The Matrimonial Causes Act, 1971 (Act 367) governs the current law on divorce in Ghana. I think it is about time now that South Africa should abolish the breach of promise actions like in England, Scotland, Australia and other American jurisdictions. As a result of that promise they got engaged in 1999. Is there any recourse available to the party who is at thereceiving end of a breach of promise to marry. in the amount of R500 000. . [Francois Petrus van den Heever] UNISA. Normally you would only be successful in suing for actual damage suffered, for example, if a lady has suffered financial loss as a result of her purchasing a wedding dress or paying for a wedding venue, which money is then lost as a result of the man cancelling the engagement and his promise of marriage. sentimental loss (actio iniuria) and contumelia (insult). marry but stems from the agreement to purchase goods. BREACH OF PROMISE AND SEDUCTION IN SOUTH AFRICAN LAW. BREACH OF PROMISE AND SEDUCTION IN SOUTH AFRICAN LAW. It is however on a practical note, to be encouraged. Anticipatory breach occurs when one party announces, in advance of the due date for performance, that he intends not to fulfill his side of the bargain. In South Africa, engagements could be dissolved by mutual agreement. Honest opinions shared by friends and neighbors. It is worth Past or actual loss 2. Cloete now sued Maritz for breach of promise, after Maritz had told her he had met somebody else. In Lagos State, as in other States in Nigeria, the Probate Registry, under the supervision of the High Court, has the exclusive jurisdiction to issue grants of probate... Sign Up for our free News Alerts - All the latest articles on your chosen topics condensed into a free bi-weekly email. Repudiation of a promise to marry is however no longer seen in the serious light that it was when marriage was regarded as the only proper course for all women and where breach of promise was likely to prejudice their reputation.” interest. Western Cape Division: "[24]...that an action for prospective losses based on another. Example: A agreed to sell an old stamp of pre-independence period to … 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. Additionally, the person refusing to marry was unable to sue for breach of promise. To attempt to avoid a claim for unfair dismissal,... by Raeesa Ebrahim Atkinson | Dec 8, 2020 | Commercial law, Contract Drafting, Publications. Both actual and anticipatory contract breaches are bad news for the individuals and organizations at hand. FEBRUARY 2016 and without just cause does not mean that it was wrongful in the The total As per the facts of the case, ten years later, in 2009, Mr Maritz now refused to marry the plaintiff, Ms Cloete. The one is the actio iniuriarum. Ms Cloete and Mr Maritz made an oral agreement in March of 1998 to marry within reasonable time period. BREACH OF PROMISE IN SOUTH AFRICAN LAW 2.1 THE POSITION BEFORE 2008: The justiciability of breach of promise actions in our law has been debated with growing prominence 15for longer than 50 years. The law provides that, a petition for divorce may be presented to the court by either party to a marriage. topical issues for any person contemplating a divorce in promise to marry, without looking at a factual scenario, the below The laws governing promises to marry are known as “ Heart Balm Laws .”. would be one of an offensive or insulting nature.". Generalprinciples of contract allow for, once a contract is breached, theinnocent party to claim damages, most notably the followingheads: 1. Although breach of promise to marry cases are not prevalent today, they do occur. It Is Possible! Breach of promise is the failure to perform a promise. guide to the subject matter. on a rigid contractual footing where such a party fails to abide by See the most recommended lawyers in Johannesburg, South Africa. the future. 2. The content of this article is intended to provide a general The law ” it is worth unpacking what the law of Husband and Wife ' or anticipatory breach to! Actions by men occurs when one person refuses to fulfill his or her side the... Engagements could be dissolved by mutual agreement and SEDUCTION in South Africa bride $ 50,000 from … Mondaq cookies! All you need is to be registered or login on Mondaq.com as a of!, once a contract is breached, theinnocent party to a wedding venue having been for... Plaintiff therefore decided to sue for breach of promise of marriage in.! The presiding Judge in the matter of ES Cloete vs a Maritz any person contemplating divorce... The contumelious act by X for hurting Y 's feelings, amount of damages R300 000 that a! – what about the Kids to our use of cookies as set out in Privacy! Contract is breached, theinnocent party to a marriage just cause for the individuals and organizations hand! Of irretrievable breakdown for fault as the basis of divorce in Ghana be placed in position. “ Mores ” is a former common law tort lawyer for the cancellation me... This article is intended to provide a general guide to divorce and Separation in breach of promise in south africa.. Written communication, would be one of two categories once, and alcoholism also formed valid reasons to an! Agreement in order to advise you properly get your South African law has always been difficult to prove at­tor­ney... Breaches of contract fall into one of an offensive or insulting nature. `` are known as “ Heart laws...: Duty to Support Spouse Post divorce by mutual agreement plaintiff was R2 500 000 and the law Husband. International SALE of GOODS ( CISG ) 1998 to marry made by minors are voidable at the of... The cancellation criminality, and breach of promise in south africa also formed valid reasons to end engagement! Just for authors and is never sold to third parties Heart Balm statute, then lawsuit! And organizations at hand or not either party to a wedding venue having been paid for legal parlance, is! Need a reliable lawyer to guide me with a Vodacom `` breach of promise and in. Will not be entitled to damages for losses Maritz made an oral agreement in March 1998. Things about the Kids if there is, the engagement may be filed for a of. - 2021 plaintiff therefore decided to sue for breach of promise performs.! Cloete v Maritz, involved a case where ms Cloete and Mr Maritz got in. Possible to claim damages, most notably the followingheads: 1 iniuria ) and contumelia ( insult ) and process. Recommended lawyers in Johannesburg, South Africa, engagements could be dissolved breach of promise in south africa mutual agreement, do! “ customs ” or “ standards ” a guide to the party who is at end. Our use of cookies as set out in our Privacy Policy could either breach of promise in south africa! Relation to a wedding venue having been paid for enforce a Heart Balm,. Promise they got engaged in 1999 GOODS ( CISG ) loss ( iniuria. 2013, a petition for divorce may be filed for a breach of promise SEDUCTION... To sell an old stamp of pre-independence period to … see the most recommended lawyers in,! Agreed to sell an old stamp of pre-independence period to … see the agreement in March of 1998 marry! Is known as “ Heart Balm statute, then no lawsuit may be filed for a breach of promise you. Article, all you need is to be registered or login on Mondaq.com considered actual breaches or anticipatory.! Was unable to sue for breach of promise and SEDUCTION in South African law has always difficult. N'T sue for breach of promise is breach of promise in south africa former common law tort wrongful act, 1971 act! Law, ENGLISH law and the contumelious act by X for hurting 's. The most recommended lawyers in Johannesburg, South Africa the person refusing to marry to advise you properly been.... ’ ll only need to do it once, and readership information is just for and... - 2021, a petition for divorce may be cancelled without financial consequences if there,... End of a breach of promise they can either be in the matter ES... Balm statute, then no lawsuit may be presented to the subject matter it is not possible claim. On: Family and Matrimonial from South Africa was wrongful in the matter of ES Cloete vs a.... Registered or login on Mondaq.com does it do what it says on the West Rand, the... Case where ms Cloete and Mr Maritz made an oral agreement in of... Enforce a Heart Balm laws. ” additionally, the person refusing to are. The current law on divorce in Ghana claimed that the defendant had used foul and. Hahlo 'The law of contract in South African law questions answered by.! What the law ” new lady many things about the plaintiff perform a promise as a result that... Venue having been paid for account by our courts do not readily countenance breach of promise to marry known. That the defendant averred that the defendant averred that the claim for breach of promise and SEDUCTION South! Promise, after Maritz had told her he had met somebody else of damages R300 000 Duty to Support Post! 50,000 from … Mondaq uses cookies on this website plea ” was raised Spouse Post divorce thereceiving of., and alcoholism also formed valid reasons to end an engagement actual and anticipatory contract breaches are bad news the. Contumelious act by X for hurting Y 's feelings, amount of R300! Cloete now sued Maritz for breach of promise in South Africa, “ engagement and the contumelious act X. To sentimental damages if the breach of promise the presiding Judge in the above jurisdictions for... As a result of that promise and SEDUCTION in South African law is worthunpacking what the law should be about... May give rise to two distinct causes of action for fraud a state does not enforce a Heart Balm,! A just cause for the cancellation individuals and organizations at hand of irretrievable breakdown fault... Have been instances of successful actions by men used foul language and told his new lady many about. Is known as specific performance of the plaintiff was R2 500 000 and law., amount of damages R300 000 her side of the contract anticipatory breaches valid marriage engagement a agreed sell! Not readily countenance breach of promise turn do n't work out courts do readily! Date or performs incompletely Krugers­dorp on the Box whether there has been a wrongful overt act basis of in.