South Africa Case Law

Nhlapo v Zimu (2016/8478)

Nhlapo v Zimu (2016/8478) [2017] ZAGPJHC 236 (1 September 2017)

Court

South Gauteng High Court, Johannesburg

Case number

2016/8478

Judge

Adams

The court held that claims for prospective losses arising from breach of promise to marry are no longer recognised in South African law, as such claims do not reflect current public policy or constitutional values. The plaintiff's claim for prospective losses was dismissed. However, the court found that the plaintiff had proven entitlement to actual damages for expenses incurred in anticipation of marriage, specifically half the cost of in vitro fertilisation treatment, based on express or tacit agreement between the parties. The plaintiff was also awarded modest sentimental damages under the…

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• Breach Of Promise To Marry
• Contractual Damages
• Actio Iniuriarum
• Unjust Enrichment
• Public Policy
• Sentimental Damages

Cloete v Maritz (6222/2010, 16433/2012)

Cloete v Maritz (6222/2010, 16433/2012) [2014] ZAWCHC 108 (13 June 2014)

Court

Western Cape High Court, Cape Town

Case number

6222/2010, 16433/2012

Judge

Henney

The court found that a universal partnership existed between the plaintiff and defendant from February 1994 until June 2010, based on joint acquisition, management, and benefit from multiple businesses and properties. The plaintiff contributed money, labour, and skill, and the partnership's object was profit. The partnership continued beyond the romantic relationship, as evidenced by ongoing salary payments and joint business activities regarding the Plattekloof property. The special plea of prescription failed because the partnership persisted until at least June 2010, and the claim was inst…

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• Universal Partnership
• Breach Of Promise To Marry
• Actio Iniuriarum
• Prescription
• Division Of Assets
• Debate Of Account

Cloete v Maritz (6222/2010)

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

Court

Western Cape High Court, Cape Town

Case number

6222/2010

Judge

R.C.A. Henney

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 co…

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• Breach Of Promise To Marry
• Prospective Damages
• Public Policy
• Constitutional Values
• Stare Decisis

Mncora v Butters, Butters v Mncora (881/2008, 3055/2010)

Mncora v Butters, Butters v Mncora (881/2008, 3055/2010) [2010] ZAECPEHC 72 (7 December 2010)

Court

Eastern Cape High Court, Port Elizabeth

Case number

881/2008, 3055/2010

Judge

Chetty

The court found that the plaintiff had established the existence of a tacit universal partnership with the defendant, based on their joint decisions, shared family responsibilities, and the pooling of resources for the benefit of the household and children. Although the plaintiff did not participate directly in the business, her contributions to the family and home were integral to the partnership's success. The court rejected the defendant's evidence as unreliable and found that equity required a division of partnership assets, awarding the plaintiff 30% of the net asset value as at 1 Januar…

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• Universal Partnership
• Cohabitation
• Breach Of Promise To Marry
• Quantification Of Damages
• Eviction
• Liquidation Of Assets

Schrepfer v Ponelat (17318/2009)

Schrepfer v Ponelat (17318/2009) [2010] ZAWCHC 193 (26 August 2010)

Court

Western Cape High Court, Cape Town

Case number

17318/2009

Judge

Moosa

The court found a tacit universal partnership between cohabitees, awarded the plaintiff 35% of the estate, and dismissed a breach of promise claim.

• Universal Partnership
• Cohabitation
• Division Of Joint Estate
• Breach Of Promise To Marry
• Actio Pro Socio
• Actio Communi Dividundo

Van Jaarsveld v Bridges (344/09)

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

Court

Supreme Court of Appeal

Case number

344/09

Judges

Harms, Nugent, Van Heerden, Majiedt, Seriti

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 s…

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• Breach Of Promise To Marry
• Iniuria
• Damages Quantification
• Public Policy
• Contractual Liability
• Sentimental Damages

Bridges v Van Jaarsveld (3662/2006)

Bridges v Van Jaarsveld (3662/2006) [2008] ZAGPHC 342 (11 November 2008)

Court

High Courts - Gauteng

Case number

3662/2006

Judge

Raulinga

The High Court found the defendant wrongfully repudiated a marriage engagement and awarded the plaintiff contractual and delictual damages.

• Breach Of Promise To Marry
• Contractual Damages
• Delictual Damages
• Contumelious Conduct
• Quantification Of Damages
• Breach-of-promise-to-marry

Falcke v Smith (06/12356)

Falcke v Smith (06/12356) [2008] ZAGPHC 482 (23 September 2008)

Court

High Courts - Gauteng

Case number

06/12356

Judge

F N Kgomo

The court found that the engagement between the parties was terminated by mutual consent, not by unilateral repudiation or breach of promise. As a result, the general rule applies: gifts and disbursements made in contemplation of marriage are returnable or refundable unless expressly excluded by agreement. The plaintiff was entitled to the return of the engagement ring or its value, restitution for the Mitsubishi Pajero gifted to the defendant, and reimbursement for half of the necessary improvements and expenses incurred on the jointly owned property. The defendant's objections regarding the…

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• Breach Of Promise To Marry
• Return Of Gifts On Failed Engagement
• Division Of Joint Property
• Implied Terms In Engagement
• Restitution Of Disbursements

Maake v Tabane (9/97)

Maake v Tabane (9/97) [2000] ZANWHC 3 (3 February 2000)

Court

North West High Court, Mafikeng

Case number

9/97

Judges

Nkabinde, Khumalo

The court found that the plaintiff was seduced by the defendant under a promise of marriage, resulting in the loss of her virginity and subsequent injury to her reputation and prospects. The defendant's denial of the plaintiff's virginity was unfounded, and his conduct in repudiating the promise to marry was unjustified. The trial magistrate's award of damages was excessive and not properly exercised; the appellate court reduced the damages to R6,000 for seduction and R4,000 for breach of promise, considering the plaintiff's social standing, the extent of her emotional injury, comparable awar…

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• Seduction
• Breach Of Promise To Marry
• Quantum Of Damages
• Reputation Injury