Cloete v Maritz (6222/2010)
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 co…
Source excerpt
- Breach Of Promise To Marry
- Prospective Damages
- Public Policy
- Constitutional Values
- Stare Decisis