Legal Implications of Breach of Promise to Marry in South Africa

Getting engaged is a big step in a relationship. It signifies a mutual intention to enter into a lifelong commitment of marriage. But what happens when one party changes their mind and breaks off the engagement? Can the other party sue them for breach of promise to marry? And if so, what kind of damages can they claim?

In this article, we will explore the legal implications of breaking an engagement in South Africa, the recent developments in the law of breach of promise to marry, and the practical considerations for claiming for breach of promise to marry. We will also answer some frequently asked questions about this topic.

Contents

The Legal Implications of Breaking an Engagement

The Two Causes of Action for Breach of Promise to Marry. 1

The Actio Iniuriarum: Claiming for Sentimental Damages. 1

The Breach of Contract: Claiming for Actual Losses. 2

The Recent Developments in the Law of Breach of Promise to Marry. 2

The Van Jaarsveld Case: Abolishing the Delictual Claim.. 3

The Cloete Case: Confirming the Van Jaarsveld Decision. 3

The Nhlapho Case: Distinguishing Between the Two Causes of Action. 3

The Practical Considerations for Claiming for Breach of Promise to Marry. 4

The Burden of Proof and the Evidence Required. 4

The Factors that Affect the Quantum of Damages. 4

The Time Limit for Bringing a Claim.. 5

The Conclusion. 5

The Legal Implications of Breaking an Engagement

An engagement is not a legally binding contract to marry, but rather a promise to marry in the future. This means that either party can cancel the engagement without any legal consequences, as long as they have a just cause for doing so. Just cause is usually defined as any event, condition, or action of the other party that would jeopardize a long and happy marriage and that would induce any right-minded person to rescind the engagement.

However, if one party breaches the promise to marry without justifiable reasons, the innocent party can, according to South African law, institute a claim for damages, provided that the losses were within the contemplation of the parties. This claim is based on the premise that the engagement creates certain rights and obligations between the parties, such as the right to fidelity, the obligation to support, and the expectation of marriage.

The Two Causes of Action for Breach of Promise to Marry

A breach of promise to marry may give rise to two distinct causes of action: the actio iniuriarum and the breach of contract. Each cause of action has its own requirements, remedies, and limitations.

The Actio Iniuriarum: Claiming for Sentimental Damages

The actio iniuriarum is a delictual action that allows the innocent party to claim for sentimental damages if the repudiation of the engagement was contumelious, meaning extremely rude and arrogant. This action is based on the idea that the breach of promise to marry infringes the innocent party’s dignity, reputation, and feelings.

To succeed in this action, the innocent party must prove that:

• There was a valid and enforceable promise to marry.
• The other party repudiated the promise to marry.
• The repudiation was wrongful and intentional.
• The repudiation caused harm to the innocent party’s dignity, reputation, or feelings; and
• The harm was foreseeable and not too remote.

The amount of damages awarded in this action depends on the circumstances of each case, such as the degree of contumely, the duration of the engagement, the social status of the parties, and the extent of the harm suffered. The court has a wide discretion to determine the quantum of damages, but it must be reasonable and proportionate to the injury.

The Breach of Contract: Claiming for Actual Losses

The breach of contract is a contractual action that allows the innocent party to claim for actual losses that they incurred or will incur as a result of the breach of promise to marry. This action is based on the idea that the engagement creates a contractual relationship between the parties, and that the breach of promise to marry constitutes a breach of contract.

To succeed in this action, the innocent party must prove that:

• There was a valid and enforceable promise to marry.
• The other party breached the promise to marry.
• The breach caused actual losses to the innocent party; and
• The losses were foreseeable and not too remote.

The amount of damages awarded in this action depends on the actual losses that the innocent party can prove, such as expenses incurred in anticipation of the marriage, loss of income or earning capacity, loss of benefits or inheritance, and loss of consortium. The court must apply the principle of restitution in integrum, meaning that the innocent party must be placed in the position they would have been in had the contract been performed.

The Recent Developments in the Law of Breach of Promise to Marry

The law of breach of promise to marry in South Africa has undergone some significant changes in the past decade, following three landmark cases: the Van Jaarsveld case, the Cloete case, and the Nhlapho case. These cases have clarified the legal position and the requirements for claiming for breach of promise to marry in South Africa.

The Van Jaarsveld Case: Abolishing the Delictual Claim

In 2010, the Supreme Court of Appeal (SCA) delivered a groundbreaking judgment in the case of Van Jaarsveld v Bridges, where a woman sued her former fiancé for breach of promise to marry. The SCA held that the delictual claim for breach of promise to marry, based on the actio iniuriarum, was no longer compatible with the constitutional values of human dignity, equality, and freedom. The court reasoned that:

• The delictual claim was based on outdated notions of morality, honour, and reputation that did not reflect the contemporary social norms and values of South African society.
• The delictual claim was discriminatory and unfair, as it treated women as property and implied that they suffered more harm than men when an engagement was broken off.
• The delictual claim was inconsistent and arbitrary, as it allowed for sentimental damages for breach of promise to marry, but not for breach of any other promise or contract.
• The delictual claim was intrusive and oppressive, as it interfered with the parties’ autonomy and privacy to decide whether or not to marry; and
• The delictual claim was unnecessary and redundant, as the contractual claim for breach of promise to marry provided adequate and sufficient protection for the parties’ interests.

The SCA therefore abolished the delictual claim for breach of promise to marry and held that the only remedy available for the innocent party was the contractual claim for actual losses.

The Cloete Case: Confirming the Van Jaarsveld Decision

In 2013, the Western Cape High Court confirmed the Van Jaarsveld decision in the case of Cloete v Maritz, where a woman sued her former fiancé for breach of promise to marry. The court agreed with the SCA that the delictual claim for breach of promise to marry was outdated, discriminatory, inconsistent, intrusive, and unnecessary, and that the contractual claim for actual losses was the only viable option for the innocent party.

The court also clarified that the contractual claim for breach of promise to marry was not based on the engagement itself, but rather on the ancillary agreements that the parties entered into in contemplation of the marriage, such as buying furniture, booking a venue, or quitting a job. The court held that the innocent party could only claim for the losses that resulted from these ancillary agreements, and not for the loss of the marriage itself.

The Nhlapho Case: Distinguishing Between the Two Causes of Action

In 2017, the Gauteng Division of the High Court delivered a nuanced judgment in the case of Nhlapho v Zima, where a woman sued her former fiancé for breach of promise to marry. The court distinguished between the two causes of action for breach of promise to marry and held that the Van Jaarsveld and Cloete cases only abolished the delictual claim based on the actio iniuriarum, but not the contractual claim based on the breach of contract.

The court explained that the contractual claim for breach of promise to marry was not necessarily based on the ancillary agreements that the parties entered into in contemplation of the marriage, but rather on the promise to marry itself, which was a valid and enforceable contract. The court held that the innocent party could claim for the actual losses that they incurred or will incur as a result of the breach of the promise to marry, regardless of whether they were related to the ancillary agreements or not.

The Practical Considerations for Claiming for Breach of Promise to Marry

If you are considering bringing a claim for breach of promise to marry, there are several practical considerations that you should take into account.

The Burden of Proof and the Evidence Required

The burden of proof in a claim for breach of promise to marry lies with the innocent party. This means that you must prove that there was a valid and enforceable promise to marry, that the other party breached the promise to marry, and that the breach caused actual losses to you.

The evidence required to prove these elements may include:

• The engagement ring or other symbols of the engagement.
• The correspondence between the parties, such as letters, emails, text messages, and social media posts.
• The testimonies of the parties and the witnesses, such as friends, family members, and colleagues.
• The documents related to the ancillary agreements, such as receipts, invoices, contracts, and bank statements; and
• The medical reports or psychological assessments if you are claiming for emotional distress or mental anguish.

The Factors that Affect the Quantum of Damages

The quantum of damages in a claim for breach of promise to marry depends on several factors, such as:

• The nature and extent of the actual losses, such as the expenses incurred in anticipation of the marriage, the loss of income or earning capacity, the loss of benefits or inheritance, and the loss of consortium.
• The degree of fault or blameworthiness of the other party, such as the reasons for the breach, the manner of the breach, and the conduct of the other party before, during, and after the breach.
• The personal circumstances of the parties, such as their age, health, education, occupation, income, assets, liabilities, and prospects; and
• The social and economic circumstances of the parties, such as their standard of living, their lifestyle, their social status, and their financial situation.

The Time Limit for Bringing a Claim

The time limit for bringing a claim for breach of promise to marry is three years from the date of the breach, according to the Prescription Act. This means that you must institute the claim within three years, otherwise it will become prescribed, and you will lose your right to claim.

The Conclusion

In conclusion, a breach of promise to marry in South Africa can have serious legal implications. If you are the innocent party, you may be able to claim for actual losses that you incurred or will incur as a result of the breach. However, you must be aware of the recent developments in the law, the practical considerations for claiming, and the time limit for bringing a claim.

FAQs

1. What is a breach of promise to marry? A breach of promise to marry is when one party breaks off an engagement without justifiable reasons, causing actual losses to the innocent party.
2. Can I sue for breach of promise to marry in South Africa? Yes, you can sue for breach of promise to marry in South Africa, but only for actual losses that you incurred or will incur as a result of the breach.
3. What kind of damages can I claim for breach of promise to marry? You can claim for actual losses, such as expenses incurred in anticipation of the marriage, loss of income or earning capacity, loss of benefits or inheritance, and loss of consortium.
4. What is the time limit for bringing a claim for breach of promise to marry? The time limit for bringing a claim for breach of promise to marry is three years from the date of the breach, according to the Prescription Act.
5. What evidence do I need to prove a breach of promise to marry? You may need the engagement ring or other symbols of the engagement, the correspondence between the parties, the testimonies of the parties and the witnesses, the documents related to the ancillary agreements, and the medical reports or psychological assessments.