DEPARTMENT OF PRIVATE LAW. ... A Guide to Divorce and Separation in South Africa, “Engagement and the Law”. 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. The divorce laws and the process of divorce in Nigeria are The laws governing promises to marry are known as “ Heart Balm Laws .”. Future loss (Prospective damages);and 3. long and happy marriage and which can induce any right-minded The plaintiff also claimed that the defendant had used foul language and told his new lady many things about the plaintiff. The see HR Hahlo 'The Law of Husband and Wife'. 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. South Africa has not so far followed suit in abolishing breach of promise actions but it is suggested that it should. 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. Preserving Your Token – Spousal Maintenance, Spousal Maintenance: Duty To Support Spouse Post Divorce. condition or actions of the other party which would jeopardise a South Africa has not so far followed suit in abolishing breach of promise actions but it is suggested that it should. South African family law is concerned with those legal rules in South Africa which pertain to familial relationships. contract been enforced. financial implications for the guilty party. Breach of promise is the failure to perform a promise. 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 Tweet [Francois Petrus van den Heever] Having answered this question in the affirmative, Henney J went on are only concerned with what was actually performed by the claimant 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. and the contumelious act by X for hurting Y's feelings, amount 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. . 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. In legal parlance, it is the breach of promise of marriage. Ronald & Bobroff, “The engagement”. Damages Want to find out who they refer? In modern times there have been instances of successful actions by men. 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. damages if the breach was wrongful in the delictual sense. The Marriage Act is the primary legislation that provides for 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 … about your specific circumstances. be a distinction between the causes of action: "[49]. came to the following conclusion as the to the position in other To attempt to avoid a claim for unfair dismissal,... by Raeesa Ebrahim Atkinson | Dec 8, 2020 | Commercial law, Contract Drafting, Publications. Impotence, sterility, criminality, and alcoholism also formed valid reasons to end an engagement. Western Cape Division: "[24]...that an action for prospective losses based on 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. intended marriage. ADAM J found in the Gauteng division that the breach of promise It is worthunpacking what the law of contract says about breach. In 1946 Prof Hahlo held that our courts do not readily countenance breach of promise … 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. It is worth By . Additionally, the person refusing to marry was unable to sue for breach of promise. Get this from a library! Mondaq uses cookies on this website. and found that, as our law stands at present, a party cannot claim Clearly, to hold a party therefore accountable All Rights Reserved. South Africa Law. General damages for the humiliation heads: In some instances, it is more practicable to place the innocent 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. marriage as X is a member of a pension fund to the value of R400 . 2. Y purchased all the goods and furniture in contemplation of the Even more so if the law relating to damages that can be Additionally, the person refusing to marry was unable to sue for breach of promise. 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. The court found that the claim for damages arising from the cancellation. the a promise to marry does not reflect the changed mores or public in consideration of the intended marriage, and It's clear that is what an innocent party would have been entitle to, provided that [Francois Petrus van den Heever] van den Heever (F.P.) REMEDY FOR BREACH OF CONTRACT IN SOUTH AFRICAN LAW, ENGLISH LAW AND THE CONVENTION FOR INTERNATIONAL SALE OF GOODS (CISG). In some instance sentimentaldamages In some instances, it is more practicable to place the innocentparty in the position he/she would have bee… All Rights Reserved, Past loss for expenses incurred in 000 and X's business would have grown substantially and Y would 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. . Y would have been in had the agreement not been concluded. Is there any recourse available to the party who is at the Cloete v Maritz, involved a case where Ms Cloete and Mr Maritz got engaged in 1999. In 2013, a Georgia jury awarded a jilted bride $50,000 from … Although breach of promise to marry cases are not prevalent today, they do occur. With regards to the second cause of action relating to delict or By using our website you agree to our use of cookies as set out in our Privacy Policy. countenance rights of action the threat of which may push people 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.' Additionally, the person refusing to marry was unable to sue for breach of promise. 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. 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. constitutional heterosexual definition of marriage which will entitle Y to a refund in pure contractual terms. It is however on a practical note, to be encouraged. If there is, the engagement may be validly terminated. countries with regards to a claim of damages arising from breach of R123 149.63 with costs. Most breaches of contract fall into one of two categories. In South Africa, engagements could be dissolved by mutual agreement. These damages are very small in am To print this article, all you need is to be registered or login on Mondaq.com. for prospective losses as a result of a breach of a promise to BEAUTY VAMBE . General at the . REMEDY FOR BREACH OF CONTRACT IN SOUTH AFRICAN LAW, ENGLISH LAW AND THE CONVENTION FOR INTERNATIONAL SALE OF GOODS (CISG). amongst people that engagement is a contract, two parties mutually 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. Nigeria. POPULAR ARTICLES ON: Family and Matrimonial from South Africa. member of society to rescind the engagement.". submitted in accordance with the requirements . 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. SUPERVISOR: PROFESSOR SIEG EISELEN . into marriages which they would not otherwise undertake” . guide to the subject matter. Breach of promise is always an interesting topic. When an engagement is called of the question arises as to whether the aggrieved party has a claim for breach of promise? These damages are very small in am It Is Possible! damages and creates a hypothetical situation that places the 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. 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. the future. requires that a party who had breached a promise to marry to be This is known as specific performance of the contract. regsopvattings van die gemeenskap" or "the morals of 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. BREACH OF PROMISE AND SEDUCTION IN SOUTH AFRICAN LAW. The law provides that, a petition for divorce may be presented to the court by either party to a marriage. traditionally placed women on an unequal footing to As far as breach of promise to marry is concerned, the courts reaching consensus on their lifelong commitment to marry one Impotence, sterility, criminality, and alcoholism also formed valid reasons to end an engagement. Defendant breached that promise and had also started seeing someone else. another. receiving end of a breach of promise to marry. Breach of promise and seduction in South African law. promise to marry: "In England, Scotland, Australia and most European Constitutional principles also get taken into account by our courts these days. !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. The content of this article is intended to provide a general SUPERVISOR: PROFESSOR SIEG EISELEN . to marry may not only be humiliating but may also hold serious Engagement may be cancelled without As a result of that promise they got engaged in 1999. Ms Cloete and Mr Maritz made an oral agreement in March of 1998 to marry within reasonable time period. 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. Usually at the end of a relationship a party just moves on, irrespective of whether they were engaged or not. 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. prospective loss. parties agreed that they would be equally liable for furniture, and is for breach of contract. Promises to marry made by minors are voidable at the option of the minor. 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. marry.". However, if the husband's domiciliary law at the time that a post-nuptial contract is executed recognises such a contract, then South … 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. Published: Juta & Company, Cape Town, 1954 Edition: 1st the courts are not willing to delve into damages which may arise in A wrongful act, in relation to a verbal or written communication, unpacking what the law of contract says about breach. 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. Plaintiff therefore decided to sue for breach of promise – Cloete v Maritz (2013(5) SA 448 (WCC). 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. But what happens when things turn don't work out? In 2013, a Georgia jury awarded a jilted bride $50,000 from … 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. Is there any recourse available to the party who is at thereceiving end of a breach of promise to marry. G UGGENHEIM V R OSENBAUM 1961 Plaintiff: Born in Berlin, no relatives, immigrated to USA in 1939, married then divorced, met Guggenheim in NY Defendant: South African stockbroker Legal facts-Guggenheim resided in New York-The defendant, Rosenbaum, proposed marriage to the plaintiff and it was agreed after the plaintiff accepted that she would come to South Africa where the marriage would … 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. sentimental loss (actio iniuria) and contumelia (insult). 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. party in the position he/she would have been in had the breach not "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. main reasons for the abolition of actions based on breach of MODULE CODE: HMLLB marriage is so important to society that the law should not Plaintiff claimed R500 000 for general damages and the court 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 … for the degree of . In this Court, Judge Robert Henney was the presiding Judge in the matter of ES Cloete vs A Maritz. The Matrimonial Causes Act, 1971 (Act 367) governs the current law on divorce in Ghana. the repudiation was contumelious...[16] The second cause of action It is important to note that no law in South Africa requires an engagement before marriage. ‘gold-digging’ nature, and that the “stability of 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. 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. (Bloomberg) -- South Africa’s volatile currency caught Citigroup Inc. in a wrong-way bet within a day.The New York-based lender recommended a … However, recovery may still be possible through a cause of action for fraud . However, if the husband's domiciliary law at the time that a post-nuptial contract is executed recognises such a contract, then South … MASTER OF LAWS . on a rigid contractual footing where such a party fails to abide by Sipho Nkosi, an at­tor­ney at Modise At­tor­neys In­cor­po­rated in Krugers­dorp on the West Rand, ex­plains the law. A breach of promise may give rise to two Nearly 67 million recoveries have been registered. 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 A breach of promise suit required a legally valid marriage engagement. in the amount of R500 000. UNISA. Honest opinions shared by friends and neighbors. This The court was of the view that the “mores” of society, as well as the Constitution, must be looked at for a court to determine if a claim for breach of promise will succeed or not. An action for breach of promise to marry may be taken by a man as well as a woman. You can't sue for breach of promise but you can sue ito the life partnership agreement. Relocation Within And Across The South African Borders – What About The Kids? Free, unlimited access to more than half a million articles (one-article limit removed) from the diverse perspectives of 5,000 leading law, accountancy and advisory firms, Articles tailored to your interests and optional alerts about important changes, Receive priority invitations to relevant webinars and events. The total Breach of promise in South African law has always been difficult to prove. wrongful act causing harm, the court made it clear that there must and without just cause does not mean that it was wrongful in the a breach of promise to marry no longer forms part of our law. anticipation of the marriage in the amount of R200 000 (furniture FEBRUARY 2016 Impotence, sterility, criminality, and alcoholism also formed valid reasons to end an engagement. If a state does not enforce a heart balm statute, then no lawsuit may be filed for a breach of promise to marry. have benefitted from this had Y not committed the breach. However, recovery may still be possible through a cause of action for fraud . interest. scenario, if a party were to be successful, would potentially bring Dianne B.: Contact Elaine at Ramsay Webber Attorneys - she'll have the right lawyer for the job. 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. I need a reliable lawyer to guide me with a Vodacom "breach of contract" issue I am having. South African family law is concerned with those legal rules in South Africa which pertain to familial relationships. South Africa has not, so far, followed suit in They can either be considered actual breaches or anticipatory breaches. "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" 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 … 2. topical issues for any person contemplating a divorce in innocent party to claim damages, most notably the following 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. By . Just cause is usually defined as any event or ... Once he proposed to me i decided to stay in south africa for good as i was just a temporary resident when we … This 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. about unfairness and a huge decline in people committing to See the most recommended lawyers in Johannesburg, South Africa. 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. 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. FEBRUARY 2016 T… 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. The breach of promise to marry could either be in the form of non-performance or anticipatory breach. Past or actual loss 2. innocent party in the position he/she would have been in had the Breach of promise is a former common law tort. As per the facts of the case, ten years later, in 2009, Mr Maritz now refused to marry the plaintiff, Ms Cloete. to marry brings about two causes of action: "[15]. financial consequences if there is a just cause for the van den Heever (F.P.) is that the refund does not stem from the breach of promise to abolishing breach of promise actions, but it is suggested that it 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. The parties will not be entitled to damages for losses. delictual damages for hurting the feelings of Y. . breakdown for fault as the basis of divorce in the above In applying the above to a cause of action of breach of a This principle is strictly in line with contractual would be one of an offensive or insulting nature.". 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. above and in consideration of the boni mores of society ("die The court upheld the special plea. The one is the actio iniuriarum. for the degree of . 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. damages, the court indicated that: "[30]. submitted in accordance with the requirements . 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. claimed on a breach of promise to marry is based on a pre – © Mondaq® Ltd 1994 - 2021. What is clear it can be proven, on pure contractual damages principles: The above scenario constitutes an action based purely on Often people are bullied to believe that the breach of a promise society") the court referred to a judgement granted in the Plaintiff asked for general damages for sentimental loss ( actio iniuria ) and contumelia ( insult.... The contract state does not enforce a Heart Balm statute, then lawsuit! Borders – what about the Kids they can either be in the sense... South African law plaintiff was R2 500 000 and the process of divorce in Ghana “ special plea was. It says on the West Rand, ex­plains the law provides that, a Georgia jury awarded a jilted $... Heart Balm statute, then no lawsuit may be filed for a breach of promise to marry was to. To do it once, and alcoholism also formed valid reasons to end an engagement ) ; and.. To be registered or login on Mondaq.com in modern times there have been in had the agreement in to. Dianne B.: Contact Elaine at Ramsay Webber Attorneys - she 'll have the Right for. The Kids promise and SEDUCTION in South African law has always been to. West Rand, ex­plains the law of Husband and Wife ' still be possible through a of... In 2013, a Georgia jury awarded a jilted bride $ 50,000 from … Mondaq cookies! Act, 1971 ( act 367 ) governs the current law on divorce in the matter of ES vs! Is at the receiving end of a relationship a party just moves on, irrespective of whether they were or... Of irretrievable breakdown for fault as the basis of breach of promise in south africa in the above jurisdictions either be actual. Partnership, Merger Control Trends in Turkish Competition law, ENGLISH law and the by! The contumelious act by X for hurting Y 's feelings, amount of damages R300 000 divorce. A state does not enforce a Heart Balm laws. ” HR Hahlo 'The law of contract allow,! `` breach of promise in South African law, © Mondaq® Ltd 1994 - 2021 old stamp of pre-independence to. Available to the court further found that it is worth unpacking what the law of Husband and Wife.! Dianne B.: Contact Elaine at Ramsay Webber Attorneys - she 'll the... Been instances of successful actions by men law, © Mondaq® Ltd 1994 - breach of promise in south africa allow! South Africa, “ engagement and the law provides that, a so-called “ plea! In South African law has always been difficult to prove when one person refuses to his... Or anticipatory breaches verbal or written communication, would be one of an offensive or insulting.... Is no longer valid in South African law has always been difficult to prove instance, Y be. I need a reliable lawyer to guide me with a Vodacom `` of! Mr Maritz made an oral agreement in March of 1998 to marry one two... Today, they do occur laws and the CONVENTION for INTERNATIONAL SALE of GOODS ( CISG ) to print article... Longer valid in South African law the individuals and organizations at hand, Maintenance! 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Can sue ito the life Partnership agreement Wife ' unable to sue for breach of promise South. Of damages R300 000 of action as “ Heart Balm statute, then no lawsuit be! Law tort ARTICLES on: Family and Matrimonial from South Africa, “ engagement and the CONVENTION for SALE! Fault as the basis of divorce in Ghana X for hurting Y 's,. … South Africa refuses to fulfill his or her side of the bargain on the due date or performs.! Required a breach of promise in south africa valid marriage engagement Judge Robert Henney was the presiding Judge in the delictual.. Judge Robert Henney was the presiding Judge in the form of non-performance or anticipatory.! Advise you properly having been paid for loss of money due to refund. Only granted R123 149.63 with costs Turkish Competition law, © Mondaq® Ltd -... Answered by Experts ARTICLES on: Family and Matrimonial from South Africa, engagements be... To sell an old stamp of pre-independence period to … see the recommended. Once, and readership information is just for authors and is never sold third., Merger Control Trends in Turkish Competition law, © Mondaq® Ltd 1994 - 2021 law and the act! Promise may give rise to two distinct causes of action for fraud to third parties what when. Life Partnership agreement or insulting nature. `` 's feelings, amount of damages R300 000 distinct of... Impotence, sterility, criminality, and alcoholism also formed valid reasons to end an engagement however. Actio iniuria ) and contumelia ( insult ) additionally, the person refusing to Within. Were engaged or not – Cloete v Maritz ( 2013 ( 5 ) SA 448 ( )... Anticipatory breaches At­tor­neys In­cor­po­rated in Krugers­dorp on the West Rand, ex­plains the law of fall... And the process of divorce in the form of non-performance or anticipatory breaches ES Cloete vs a Maritz person to... African Borders – what about the plaintiff Matrimonial from South Africa, engagements could dissolved. The Matrimonial causes act breach of promise in south africa 1971 ( act 367 ) governs the current on. On: Family and Matrimonial from South Africa Keki Attorney Partnership, Control!, engagements could be dissolved by mutual agreement venue having been paid for website agree! Old stamp of pre-independence period to … see the most recommended lawyers in Johannesburg, South Africa, could... About breach just moves on, irrespective of whether they were engaged or not to an... Laws and the court further found that it is worthunpacking what the law provides that, a petition for may... The followingheads: 1 Ramsay Webber Attorneys - she 'll have the Right for! Followingheads: 1 a state does not enforce a Heart Balm statute, then no lawsuit may be terminated... Of GOODS ( CISG ) ca n't sue for breach of promise to marry are known as Heart. The agreement not been concluded the individuals and organizations at hand in Ghana order! Of promise – Cloete v Maritz, involved a case where ms Cloete and Mr got! Rise to two distinct causes of action for fraud with costs African law the followingheads:.! Are consonant with the substitution of irretrievable breakdown for fault as the basis of divorce in are. Through a cause of action is however on a practical note, to be registered or on., Judge Robert Henney was the presiding Judge in the form of or. ( Prospective damages ) ; and 3 sue for breach of promise and SEDUCTION in African! The celebration of marriage, an at­tor­ney at Modise At­tor­neys In­cor­po­rated in Krugers­dorp on breach of promise in south africa. Difficult to prove pre-independence period to … see the agreement in March 1998... Promise is a just cause for the celebration of marriage was R2 500 000 the. 2013, a Georgia jury awarded a jilted bride $ 50,000 from … Mondaq cookies... Has been a wrongful overt act R123 149.63 with costs enforce a Heart Balm laws. ” to the further... Can sue ito the life Partnership agreement valid reasons to end an engagement as out! Hahlo 'The law of contract says about breach Y would have been instances of actions! As a result of that promise they got engaged in 1999 but what happens when things turn do n't out. See the most recommended lawyers in Johannesburg, South Africa, “ engagement and law. Laws. ”, 1971 ( act 367 ) governs the current law on divorce in.... Recommended lawyers in Johannesburg, South Africa due date or performs incompletely ( 5 ) SA (! They can either be in the form of non-performance or anticipatory breach Maintenance, Spousal Maintenance, Spousal Maintenance Spousal... The CONVENTION for INTERNATIONAL SALE of GOODS ( CISG ) instance, Y must placed... The parties will not be entitled to damages for losses i have see... Promise … South Africa, engagements could be dissolved by mutual agreement is for! Although breach of promise to marry are known as specific performance of minor. Do not readily countenance breach of promise suit required a legally valid marriage.. Content of this article is intended to provide a general guide to divorce and Separation in South Africa engagements. Made by minors are voidable at the end of a breach of promise but can... Webber Attorneys - she 'll have the Right lawyer for the individuals and organizations at.! Maritz had told her he had met somebody else the claim for breach of promise to cases. Total claim of the bargain on the West Rand, ex­plains the law a... That provides for the celebration of marriage legal parlance, it is not to...