3 edition of Breach of promise and seduction in South African law found in the catalog.
Breach of promise and seduction in South African law
Francois Petrus van den Heever
Includes bibliographical references and index.
|Statement||by F. P. van den Heever.|
|The Physical Object|
|Pagination||74 p. ;|
|Number of Pages||74|
|LC Control Number||77375661|
ISBN: OCLC Number: Description: xxix, pages ; 25 cm: Contents: 1. General principles of the law of damages Pecuniary loss in terms of the Aquilian action The sum-formula or method of differentiation to establish damage in delict and upon breach of contract (sommeskadeleer) The 'once and for all' rule and causes of action South African family law is concerned with those legal rules in South Africa which pertain to familial relationships. It may be defined as "that subdivision of material private law which researches, describes and regulates the origin, contents and dissolution of all legal relationships between: (i) husband and wife (including the parties to a civil union); (ii) parents, guardians (and other.
May (1) South African Law Reports (pp 1 – );  2 All South African Law Reports April no 1 (pp 1 – ); and no 2 (pp – ); (3) Butterworths Constitutional Law Reports – March (pp – ) Heinrich Schulze BLC LLB (UP) LLD (Unisa) is a professor of law at Unisa. In this case Bridges sued Van Jaarsveld for damages for iniuria and breach of contract. The wedding was due to take place in January , and in December the man sent the woman a text message terminating the engagement. The man in this case worked on a family farm, and the lady was the daughter of South African singer, Bless Bridges.
Claims against the state, damages, defamation, wrongful arrest, breach of promise to marry, seduction and divorce-related matters, the cession or the transfer of rights, will contestations and. South Africa Vol. III (), Section at page , the law on the subject is stated to be as follows: In cases of seduction, where the defendant alleges that the girl whom he is alleged to have seduced wasnotavirgin at the time when carnal intercourse took place, the presumption will be that she was a virgin, and the defendantmustprove.
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Breach of Promise and Seduction in South African Law Hardcover – January 1, by F P Van Den Heever (Author)Author: F P Van Den Heever. Get this from a library. Breach of promise and seduction in South African law.
[Francois Petrus van den Heever]. van den Heever (F.P.) BREACH OF PROMISE AND SEDUCTION IN SOUTH AFRICAN LAW. Published: Juta & Company, Cape Town, Edition: 1st. Breach of promise claims were based on common law, which are those laws which have been created over time but are not enacted by any legislation.
Rather its existence is created through the society’s norms and values and gains ground when the courts make decisions on it (referred to as ‘ stare decisis ’), which become judicial precedents for other courts to follow.
BREACH OF PROMISE IN SOUTH AFRICAN LAW THE POSITION BEFORE The justiciability of breach of promise actions in our law has been debated with growing prominence 15for longer than 50 years. In Prof Hahlo held that our courts do not readily countenance breach of promise actions, and noted that it has.
In this plea the defendant averred that the claim for breach of promise is no longer valid in South African law. The court upheld the special plea. The court was of the view that the “mores” of society, as well as the Constitution, must be looked at for a court to determine if a claim for breach of promise will succeed or not.
Breach of promise A breach of promise may give rise to either of two distinct courses of action: The ‘innocent’ party may be entitled to sentimental damages if the repudiation was extremely rude and arrogant.
This requires that the ‘guilty’ party, in putting an end to the engagement, acted purposely wrongfully (a delictual action). 4 SA 29 (A),breach of promise claimants had two possible remedies.
The first was a delictual remedy if the other party had intentionally terminated the engagement in a hurtful way that infringed the dignity of the.
claimant Secondly, a breach of promise contractual remedy permitted claims for File Size: 99KB. 4 Van der Heever Breach of Promise and Seduction in South African Law () p ; June D Sinclair The Law of Marriage vol 1 () p ; D J Joubert ‘Die gevolge van troubreuk – ‘n kontemporêre beskouing’ (23) De Jureespecially p In light of the aforesaid it is clear that the world has moved on and morals have changed and that a claim for breach of promise is not a valid cause of action in South African law.
accordance Accordingly Adoption Act adulterine children adultery African Law African Marriages Act Age of Majority annulment application appropriate court arrear maintenance awarded children born choice of law circumstances claim community court community of property consent contracted Courts Bill custodian parent customary law marriage customary law union deceased defendant determine dispute dissolution domicile duty enactment Reviews: 1.
The question whether or not the claim for breach of promise is a valid cause of action in South African law was once again considered in the Western Cape High Court.
In this Court, Judge Robert Henney was the presiding Judge in the matter of ES Cloete vs A Maritz. The Common Law of South Africa: A Treatise Based on Voet's Commentaries on the Pandects, with References to the Leading Roman-Dutch Authorities, South African Decisions, and Statutory Enactments in South Africa, Manfred Nathan: Author: Manfred Nathan: Publisher: African Book Company, Original from: Harvard University: Digitized: 5 Dec.
Recent Cases. Although breach of promise to marry cases are not prevalent today, they do occur. Ina Georgia jury awarded a jilted bride $50, from her ex-fiancé after he broke off their. Van den Heever Breach of Promise and Seduction in South African Law at and Carelse v Estate De Vries () 23 SC at That a plaintiff who has been seduced may recover compensation for the loss of her virginity and the consequent impairment of her marriage prospects is.
South Africa Girl Guides Brownie Promise & Law, Guide Promise, and Teddies Promise mini books These mini books may be helpful to the South Africa Girl Guides and also to Girl Guides in Canada and other WAGGGS members around the world. In South African law the action for seduction is regarded • as a departure from the general principle that where there has been consent there can as a general rule be no injuria or wrong in the eye of the law, the maxim of being volenti non fit injuria.
As seduction implies consent on the part of the woman there ought in that system. Free South African Family Law and Divorce Law eBooks on abuse, child support, maintenance, marital regimes, divorce and separation and marital property. Sources. Delict in Roman law fell under the law of obligations.
Roman-Dutch law, based on Roman law, is the strongest influence on South Africa's common law, where delict also falls under the law of has been pointed out, however, In contrast to the casuistic approach of the Roman law of delict, the South African law of delict is based [ ] on three pillars: the actio legis.
I've been involved with my boyfriend for three years. we did almost everything together, we spoke marriage, and - Answered by a verified Lawyer South Africa Law. Get your South African law questions answered by Experts. may be sued for seduction as well as for breach of promise - as long as his fiancèe was a virgin before they had sex.
Heaton J "The Law of Persons and Family Law" Annual Survey of South African Law (published in ) Heaton J "An individualised, contextualised and child-centred determination of the child’s best interests, and the implications of such an approach in the South African context" () 34 Journal for Juridical Science This title is part of an established Series which introduces various legal systems of the world.
It provides an authoritative and accessible overview of the main branches of South African public, private and commercial law. Offering insight into the rich system of South African law, this title will be of particular interest to the international legal community.Breach of promise is a common law tort, abolished in many jurisdictions.
It was also called breach of contract to marry, and the remedy awarded was known as heart balm. From at least the Middle Ages until the early 20th century, a man's promise of engagement to marry a woman was considered, in many jurisdictions, a legally binding contract.