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Questions and Answers
What did Harms DP say about the traditional views on engagements?
The action for breach of promise is still legally recognized in England.
False
What are sponsorship gifts made with the view to marriage called?
sponsolatia largitas
In an engagement, the _____ is an example of a gift that shows the seriousness of the promise.
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Match the types of gifts related to engagement with their definitions:
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Under what condition must gifts be returned if the engagement is terminated by mutual agreement?
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The innocent party in a breach of engagement can claim both types of gifts given to the guilty party.
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If the innocent party claims damages, the value of the gifts must be set off against the _____ claimed.
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Which of the following is considered material misrepresentation in an engagement?
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An engagement can be voidable due to material misrepresentation regardless of intent.
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What are the two ways misrepresentation can occur?
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Persons that cannot enter into a valid engagement include minors, mentally ill persons, and those who are too closely _________ .
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What is required for minors to have a binding engagement?
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Match the following terms with their definitions:
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A person who is married can enter into a valid engagement with someone else.
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In the case of Schnaar v Jansen, what was the court's ruling regarding non-disclosure of family details?
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What happens if parents withdraw their consent to a minor's engagement before the marriage?
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An emancipated minor does not require parental consent to get married.
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What type of promise is considered void due to public policy?
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An engagement is only void if the condition is in direct conflict with the very nature of marriage, for example, if the woman is required to __________.
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What constitutes a breach of promise during an engagement?
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Match the following conditions regarding engagements:
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An engagement gives the parties the right to claim physical intimacy or sexual intercourse.
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In what situation can a minor's parents not conclude an engagement on behalf of their child?
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Which of the following reasons can lead to breaking off an engagement?
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The courts can enforce specific performance for a contract of engagement.
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What must the innocent party prove to succeed in an action based on breach of contract?
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The innocent party may claim __________ for injury to honor, dignity, and reputation.
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Match the following legal concepts with their definitions:
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The case of Van Jaarsveld v Bridges highlighted concerns about which aspect of engagements?
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What are the two distinct causes of action arising from breach of promise to marry?
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Patrimonial damages can only be claimed through the Actio Legis Aquiliae.
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According to the court in Van Jaarsveld v Bridges, which of the following factors is NOT considered when assessing if the manner of breaking off an engagement was insulting?
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A party can claim damages for satisfaction if they realize after an engagement that they no longer love the other party.
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What is the general purpose of an engagement according to the content?
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A plaintiff can claim for _______ if they were unaware that the other party was married during the engagement.
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Match the cases with their outcomes regarding engagements and claims:
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What does the court assess to determine if a break-up was humiliating?
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The court can compute the amount of damages for emotional distress with mathematical precision.
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In what scenario would a party be unable to claim damages for an engagement breach?
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Study Notes
Van Jaarsveld v Bridges Case
- Harms DP criticized outdated views on engagements, stating that courts must consider modern social mores and public policy.
- The unwillingness to marry signifies a breakdown in engagement; thus, consequences of breaking an engagement should align with those of marriage.
- The English Law Commission's 1969 report led to the abolition of breach of promise actions, emphasizing marriage stability.
Return of Engagement Gifts
- Sponsolatia largitas: Gifts intended for future marital use, such as household appliances.
- Arrhae sponsolatiae: Gifts symbolizing commitment, typically engagement rings.
- Inconsequential gifts: Tokens of affection without significant meaning, e.g., flowers or chocolates.
Termination of Engagement
- Upon mutual agreement to terminate, both sponsolatia largitas and arrhae sponsolatiae must be returned; inconsequential gifts need not be returned.
- If a breach of promise occurs, the innocent party may reclaim gifts given to the guilty party, retain gifts received, or seek damages.
Material Misrepresentation
- Material misrepresentation can void an engagement, particularly when it impacts the potential for a happy marriage.
- Examples include false claims about health or mental condition; non-disclosure of virginity is not grounds for repudiation.
Capacity to Engage
- Valid engagements require both parties to have capacity:
- Not too closely related.
- Not currently married.
- Mentally competent.
- Minors need parental permission, with specific age-related conditions applied.
Lawfulness of Engagement
- Both parties must be unmarried for a valid engagement; promises by married individuals are void due to public policy.
Possibility of Performance
- Couples must have the ability to marry; certain restrictions apply to relationships and age.
- Once a marriage date is set, refusal to marry without just cause constitutes a breach of promise.
Reasons for Breaking Engagement
- Common legitimate reasons include loss of affection or change of heart.
- Breach of promise may entail contractual and delictual liability for damages.
Damages for Breach of Engagement
- Claims may include positive interest damages, which aim to place the innocent party in the position they would have been if no breach occurred.
- Emotional damages cover injuries to feelings, pride, and reputation, assessed based on the manner of engagement termination.
Case Law on Engagement and Breach
- Courts evaluate the context of engagement terminations, considering the social status and norms influencing perceptions of insult and humiliation.
- Various cases highlight the discrete nature of claims arising from a breach of promise.
Reconsideration of Damages
- The essence of engagements is to determine marital compatibility; therefore, avoiding a likely failed marriage should not lead to punitive consequences.
- Engagement is viewed uniquely compared to marriage, as divorce can occur without fault, the legal system's expectations should be consistent.
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Description
Explore the significant legal principles established in the Van Jaarsveld v Bridges case, particularly regarding engagement, its dissolution, and the return of gifts. This study emphasizes the shift in legal attitudes towards engagements in light of modern societal values and the implications for gift-giving upon engagement termination.