Cloete v Maritz (6222/2010) [2013] ZAWCHC 69; 2013 (5) SA 448 (WCC) (24 April 2013)

Cloete v Maritz (6222/2010) [2013] ZAWCHC 69; 2013 (5) SA 448 (WCC) (24 April 2013)

The court held that the Supreme Court of Appeal's remarks in Van Jaarsveld v Bridges regarding the abolition of claims for prospective losses based on breach of promise to marry were obiter dicta and not binding. However, the court found that the current approach to engagements, which allows for claims for prospective damages on a rigid contractual footing, does not reflect contemporary public policy or constitutional values. The law relating to breach of promise to marry must be reconsidered in light of evolving societal norms and the values underpinning the Constitution. Accordingly, the court upheld the special plea, finding that claims for prospective losses based on breach of promise...

Citation
[2013] ZAWCHC 69
Parties
Plaintiff: Elsie Sophia Cloete; Defendant: Andries Wilhelmus Jacobus Maritz
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
24 April 2013
Case Number
6222/2010
Procedural Posture
Civil Trial / Special Plea on Validity of Claim for Prospective Losses Due to Breach of Promise
Outcome
Special Plea in respect of claim 2 (prospective losses) upheld; costs to stand over for later determination.
Judges
R.C.A. Henney
Legal Topics
Breach of Promise to Marry, Prospective Damages, Public Policy, Constitutional Values, Stare Decisis
Family and Children Civil Procedure Breach of Promise to Marry Prospective Damages Public Policy Constitutional Values Stare Decisis

Case Brief

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Parties

Elsie Sophia Cloete

Plaintiff

Andries Wilhelmus Jacobus Maritz

Defendant

Procedural Posture

Civil Trial / Special Plea on Validity of Claim for Prospective Losses Due to Breach of Promise

Legal Issues

  1. 1 Whether a claim for prospective losses based on breach of promise to marry remains a valid cause of action in South African law.
  2. 2 Whether the Supreme Court of Appeal's pronouncements in Van Jaarsveld v Bridges constitute binding authority abolishing such claims.
  3. 3 Whether public policy and constitutional values require the development of the common law regarding breach of promise to marry.

Ratio Decidendi

The court held that the Supreme Court of Appeal's remarks in Van Jaarsveld v Bridges regarding the abolition of claims for prospective losses based on breach of promise to marry were obiter dicta and not binding. However, the court found that the current approach to engagements, which allows for claims for prospective damages on a rigid contractual footing, does not reflect contemporary public policy or constitutional values. The law relating to breach of promise to marry must be reconsidered in light of evolving societal norms and the values underpinning the Constitution. Accordingly, the court upheld the special plea, finding that claims for prospective losses based on breach of promise...

Court Disposition

Special Plea in respect of claim 2 (prospective losses) upheld; costs to stand over for later determination.

Orders

  • The Special Plea in respect of claim 2 is upheld.
  • Costs to stand over for later determination.