T G v W C (3198/2019) [2020] ZAGPJHC 229 (28 September 2020)

T G v W C (3198/2019) [2020] ZAGPJHC 229 (28 September 2020)

The court held that a claim in delict based on fraudulent misrepresentation leading to marriage and resulting in pure economic loss is not recognised in South African law. Extending the lex aquilia to such claims would be an impermissible intrusion into the autonomy of parties to regulate their financial relationships within marriage and would undermine the chosen matrimonial property regime. The risks attendant on marriage are for the parties to manage, and the law should not recompense economic loss arising from conduct preceding marriage. Conversely, the court found that there is no common law or constitutional bar to claims for damages between spouses based on the actio iniuriarum....

Citation
[2020] ZAGPJHC 229
Parties
Defendant: T G; Plaintiff: W C
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
28 September 2020
Case Number
3198/2019
Procedural Posture
Exception Application / Exception to Particulars of Claim; Judgment on Exceptions
Outcome
Exception to patrimonial damages claim upheld; exception to actio iniuriarum claim dismissed; each party to pay own costs.
Judges
Fisher
Legal Topics
Fraudulent Misrepresentation, Pure Economic Loss, Actio Iniuriarum, Wrongfulness, Matrimonial Property Regime, Personality Rights
Delict Family and Children Civil Procedure Fraudulent Misrepresentation Pure Economic Loss Actio Iniuriarum Wrongfulness Matrimonial Property Regime +1 more

Case Brief

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Parties

T G

Defendant

W C

Plaintiff

Procedural Posture

Exception Application / Exception to Particulars of Claim; Judgment on Exceptions

Legal Issues

  1. 1 Whether a claim in delict based on fraudulent misrepresentation leading to marriage and resulting in pure economic loss is recognised in South African law.
  2. 2 Whether a common law rule exists barring claims for damages between spouses based on the actio iniuriarum.
  3. 3 Whether public and legal policy considerations preclude such claims between spouses.

Ratio Decidendi

The court held that a claim in delict based on fraudulent misrepresentation leading to marriage and resulting in pure economic loss is not recognised in South African law. Extending the lex aquilia to such claims would be an impermissible intrusion into the autonomy of parties to regulate their financial relationships within marriage and would undermine the chosen matrimonial property regime. The risks attendant on marriage are for the parties to manage, and the law should not recompense economic loss arising from conduct preceding marriage. Conversely, the court found that there is no common law or constitutional bar to claims for damages between spouses based on the actio iniuriarum....

Court Disposition

Exception to patrimonial damages claim upheld; exception to actio iniuriarum claim dismissed; each party to pay own costs.

Orders

  • The exception to the plaintiff’s claim for patrimonial damages succeeds and this claim is struck out.
  • The exception to the plaintiff’s claim for general damages under the actio iniuriarum fails.