Falcke v Smith (06/12356)
Falcke v Smith (06/12356) [2008] ZAGPHC 482 (23 September 2008)
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…
Source excerpt
- Breach Of Promise To Marry
- Return Of Gifts On Failed Engagement
- Division Of Joint Property
- Implied Terms In Engagement
- Restitution Of Disbursements