Van Jaarsveld v Bridges (344/09) [2010] ZASCA 76; 2010 (4) SA 558 (SCA) ; [2010] 4 All SA 389 (SCA) (27 May 2010)

Van Jaarsveld v Bridges (344/09) [2010] ZASCA 76; 2010 (4) SA 558 (SCA) ; [2010] 4 All SA 389 (SCA) (27 May 2010)

The Supreme Court of Appeal held that the action for breach of promise to marry must be reassessed in light of contemporary public policy and societal mores. Engagements are no longer rigidly contractual, and claims for prospective losses are speculative and not legally sustainable. Only actual losses, proven and within the contemplation of the parties, may be recoverable. The court found that the appellant's termination of the engagement was not contumacious or injurious in the delictual sense, as the communications were apologetic and not objectively insulting. The respondent's claims for sentimental damages and financial losses were either unsupported by evidence or offset by payments...

Citation
[2010] ZASCA 76
Parties
Appellant: Deon van Jaarsveld; Respondent: Sunette Bridges
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
27 May 2010
Case Number
344/09
Procedural Posture
Civil Appeal / Appeal From North Gauteng High Court (pretoria), Quantum and Broader Issues Considered
Outcome
Appeal upheld; respondent's claim for damages dismissed.
Judges
Harms, Nugent, Van Heerden, Majiedt, Seriti
Legal Topics
Breach of Promise to Marry, Iniuria, Damages Quantification, Public Policy, Contractual Liability, Sentimental Damages
Family and Children Delict Civil Procedure Breach of Promise to Marry Iniuria Damages Quantification Public Policy Contractual Liability +1 more

Case Brief

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Parties

Deon van Jaarsveld

Appellant

Sunette Bridges

Respondent

Procedural Posture

Civil Appeal / Appeal From North Gauteng High Court (pretoria), Quantum and Broader Issues Considered

Legal Issues

  1. 1 Whether a breach of promise to marry gives rise to actionable damages under current public policy.
  2. 2 Whether the breach was contumacious, justifying delictual damages.
  3. 3 Whether the respondent suffered actual financial loss as a result of the breach.

Ratio Decidendi

The Supreme Court of Appeal held that the action for breach of promise to marry must be reassessed in light of contemporary public policy and societal mores. Engagements are no longer rigidly contractual, and claims for prospective losses are speculative and not legally sustainable. Only actual losses, proven and within the contemplation of the parties, may be recoverable. The court found that the appellant's termination of the engagement was not contumacious or injurious in the delictual sense, as the communications were apologetic and not objectively insulting. The respondent's claims for sentimental damages and financial losses were either unsupported by evidence or offset by payments...

Court Disposition

Appeal upheld; respondent's claim for damages dismissed.

Orders

  • The appeal is upheld with costs, including the costs of two counsel.
  • The order of the court below is amended to read: 'Absolution from the instance with costs.'