In South African law, an engagement is considered a contract and breaking it off can have legal consequences. If a party breaks the engagement without lawful reason (unlawful termination), they may face claims for damages.
An engagement can be lawfully terminated without consequences under certain conditions, such as:
· mutual agreement,
· death of a party, or
· lawful repudiation for just cause
o (e.g., misrepresentation
o or wrongful conduct).
However, “unlawful termination” — ending the engagement without just cause, can lead to claims for both contractual damages and satisfaction under delict law.
Contractual damages include:
· Real damages: Expenses incurred in preparation for the marriage.
· Prospective loss: Compensation based on what the wronged party would have received if the marriage had occurred, though this is speculative and controversial.
Recent court cases
Recent court cases like “Van Jaarsveld v Bridges” and “Cloete v Maritz” have questioned the validity of claims for prospective loss, with the courts suggesting that engagement claims should not exceed the consequences of divorce. The idea that an engagement is more of a time to decide about marriage, rather than a binding contract, is gaining ground.
In conclusion
While claims for prospective loss are still debated, it’s becoming less likely that South African courts will allow such claims in the future based on Constitutional Grounds and outdated legislation within the new South African Society.
Consult and contact me to advise you on your financial options and possible consequences before you decide to get engaged or get married in conjunction with your attorney.
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