Theme 2

Question 1

define the concept “engagement”

Answer 1

1) Before getting married, the parties must agree to enter into a marriage.

2) This agreement, called an engagement, has different importance, nature, requirements, and consequences depending on whether the parties intend to have a civil or customary marriage

Question 2

life partnerships

Answer 2

1) Civil marriages
2) Customary marriages
3) Religious marriages
4) Domestic partnerships

Question 3

Indicate whether an engagement is a validity requirement for the conclusion of a valid marriage

Answer 3

The validity of a civil law engagement becomes important when the
engagement is broken off, also known as breach of promise

Question 4

Differentiate between a lawful termination of an engagement and the wrongful breach of
a promise to marry

Question 5

Provide examples of a lawful termination of an engagement

Answer 5

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)

Question 6

Identify and discuss the important principles highlighted in Van Jaarsveld v Bridges pertaining to a claim for delictual damages following the unlawful termination of an
engagement

Answer 6

R180 000 was paid in damages

Question 7

breach of promise

Answer 7

The validity of a civil law engagement becomes important when the
engagement is broken off

Question 8

satisfaction

Answer 8

1) Non-patrimonial damages
2) For example, relating to pain and suffering, loss of amenities of life, loss of
reputation.

Question 9

name the requirements for a valid civil marriage

Answer 9

1) The parties must reach consensus or agreement.
2) The parties must have the capacity to act.
3) The marriage must be lawful.
4) In the case of a civil marriage, the prescribed formalities must be
followed. In the case of a customary marriage, the special celebratory
requirements must be followed

Question 10

explain the meaning of the term “consensus”

Answer 10

An agreement between parties on the fact that they want to conclude a marriage with each other and about the specific nature of the marriage that they want to conclude

Question 11

Name the three aspects the parties must reach agreement on for consensus to be present for purposes of the conclusion of a civil marriage

Question 12

Lawful termination of the engagement

Answer 12

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)

Question 13

Unlawful termination of the engagement

Answer 13

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

Question 14

Types of claims

Answer 14

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

Question 15

Cases for consequences of an unlawful termination

Answer 15

1)Guggenheim v Rosenbaum 1961
2) Van Jaarsveld v Bridges 2010

Question 16

Types of damages

Answer 16

1) Contractual damages
2) Delictual damages

Question 17

Contractual damages

Answer 17

1) Principle of positive interesse
2) Real damages (actual expenses)
3) Prospective/future loss

Question 18

Delictual damages

Answer 18

1) Claim for satisfaction (infringement of personality rights)
2) Actio iniuriarum
3) Discretion of the court

Question 19

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

Answer 19

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 20

Factors that the court will consider

Answer 20

1) Manner and motive for the breach of promise
2) Social status of the parties
3) Life experience of the parties