summary family law PVL2601 2025 latest summary test bank questions answers example exam questions x

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summary family law PVL2601 2025 latest summary test bank questions answers example exam questions x 2 / 4

summary family law PVL2601 2025 latest summary test bank questions answers example exam questions x Chapter 1- MARRIAGE LAW

ENGAGEMENT

Q&A Define the concept engagement?Is a contract between a man and a woman who agree to marry each other on a specific or determinable date -Is a contract but not a normal contract Engagement is not a prerequisite to carry out a valid marriage May an engagement be concluded subject to conditions?C an be subject to conditions. Impossible or unlawful conditions do not void it.List the requirements for valid engagement Legal req for valid engagement: Acronym- CCLP (consent,capacity,lawful,possible) Parties must agree (must be consensus) about the marriage parties must have capacity to act (minor needs permission or mentally ill is incapable) engagement must be lawful (parties are unmarried and able to marry) engagement must be judicially and factually possible material mistake and material misrepresentation excludes consensus -material mistake = engagement is void -material misrepresentation = engagement is voidable by party who was misled -Does not matter if mistake was deliberate or made innocently -Misrepresentation occurs when there is a false representation of the truth or failing to correct a misconception or omitting to disclose certain facts where there is a duty to speak Distinguish between error in persona and error in negotio?A married person promises to marry another person after obtaining a divorce from current spouse. Is the promise valid?Q&A- What is the effect of a material mistake and of a material misrepresentation respectively?The consequence of a material mistake is that the engagement is void whereas the consequence of a material misrepresentation is that the engagement is voidable by party who was misled CASE- Schnaar v Jansen (concept of the duty to speak) Consensus was the legal requirement in issue in this case.Facts of case: Man terminated engagement after finding out things about the womans family. She sued him for breach of contract.Legal question: Court had to decide if those circumstances (non disclosure of certain facts) justified the mans termination of the engagement.Van den Heever thinks decision is wrong because a party is obliged to disclose things of this nature in good faith as an engagement is a contract to marry Note- age of majority is 18 not 21 When a minor wants to conclude contract of an engagement- following consent is needed 3 / 4

summary family law PVL2601 2025 latest summary test bank questions answers example exam questions x Impossible or unlawful conditions do not render the engagement void, but are merely held to be pro non scripto (not to have been written). Such conditions are not taken into account at all.Q&A- When can an engagement be terminated. List the different ways?Marriage Death of either person Mutual agreement Withdrawal of parental consent when the party is a minor Unilateral and justified termination based on sound reasons (justa causa) Justa causa is a fact or occurrence which comes about after the engagement has been entered into which will seriously jeopardise the chances of a happy and lasting marriage. The realisation by one party that s/he is no longer in love is not justa causa as it will not seriously jeopardise the chances of a happy marriage. A termination of engagement for this reason will constitute breach of promise. Rule can b criticised because not loving the other party should be the most valid reason for terminating an engagement. Possibility of having a happy marriage is jeopardised if a party is not in love with the other.Breach of promise (is the unlawful termination of the engagement) (innocent party can claim damages for breach of contract or satisfaction for personality infringement based on the delict iniuria CASE- Guggenheim v Rosenbaum- Authority: Courts calculate damages on the basis of positive and negative interest Decided that a clear distinction must be drawn between an action for damages and an action for satisfaction which may be brought in the same action.-Damages awarded for breach of contract of engagement are sui generis (of its own kind). They are awarded differently to other contracts. When ordinary contracts are breached, damages are worked out on the basis of positive interest.With breach of engagement, damages calculated on the basis of positive and negative interest.Positive interest (innocent party entitled to damages that will place them in the financial position they would have been in had the contract been performed) In Guggenheim, both prospective loss and actual loss was awarded. This also allows for expenses incurred to be awarded as and the person will be placed in the same financial position if the contract had not been entered into (negative interest) -For action for satisfaction based on iniuria (infringement of personality), plaintiff must prove infringement as well as the intention to infringe to succeed with claim.Q&A- name 3 examples where courts granted satisfaction for personality infringement based on breach of promise.

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