Lecture 3

Question 1

Requirements for concluding a valid engagement

Answer 1

1. Consensus
2. Competency/
   Capacity to marry
3. Lawfulness
4. Possibility of
   performance

Question 2

Lawful termination of the engagement

Answer 2

1) Conclusion of the marriage

2) Death of either of the parties

3) Mutual agreement to terminate

4) Withdrawal of parental consent (minors)

5) Unilateral lawful repudiation (iusta causa)

BUT NO CLAIM FOR DAMAGES

Question 3

Unlawful termination of the engagement

Answer 3

1) Denial of the existence of the engagement

2) Unreasonable refusal of one of the parties to enter into the marriage

3) Conclusion of an engagement with a third party

4)Having an intimate or sexual relationship with a third party

CLAIM FOR DAMAGES

Question 4

Consequences of unlawful termination

Answer 4

1. Claim for damages (contract)
2. Claim for satisfaction (delict)

Question 5

Contractual damages:

Answer 5

1) Principle of positive interesse

2) Application to engagement

3) Real damages (actual expenses)

4) Prospective/future loss

Question 6

Principle of positive interesse

Answer 6

Place the wronged party in the same position they would have been had the
contractual obligations been fulfilled

Question 7

Delictual damages:

Answer 7

1) Claim for satisfaction (infringement of personality rights)

2) Actio iniuriarum

Question 8

In order to succeed with a claim must prove the following:

Answer 8

1) Claimant must be able to prove that the defendant committed a delict

2) Claimant must prove that the defendant had the intention to injure (infringe
their personality rights)

Question 9

Discretion of the court:
Factors that the court will consider

Answer 9

1) Manner and motive for the breach of promise

2) Social status of the parties

3) Life experience of the parties