Can you sue someone for breach of promise in South Africa?
A minor may sue on such a promise but may not be sued, even if he or she has ratified the promise after coming of age. On reaching majority a new and independent promise to marry the other person will be binding.
What is breach of promise in law?
Breach of promise, although not actionable in most jurisdictions, is a breach of a promise to marry another; in other words, it is a broken engagement. It is a tort against the breaching party.
Can you still sue for breach of promise?
You can sue for a broken promise by using the legal doctrine of proprietary estoppel. Proprietary estoppel claims can involve complicated law, so it is always best to seek specialist legal advice before embarking on a case.
How does breach of promise work?
“. A breach of promise can only lead to sentimental damages if the breach was wrongful in the delictual sense. This means that the fact that the breach of contract itself was wrongful and without just cause does not mean that it was wrongful in the delictual sense, i e that it was injurious.
What is a breach of promise suit?
If an individual fails to fulfill a promise to marry, it is treated similar to a breach of contract. This means that one party may be able to hold the other party liable for breaking their promise. The breach of promise laws which govern promises to marry are called Heart Balm laws.
Can I sue for emotional distress in South Africa?
There are hurdles in South African law to any claim for non-pecuniary loss arising out of breach of contract. Damages for mental distress, inconvenience or disappointment would be typified as non-pecuniary loss.
What is it called when you promise not to sue someone?
A covenant not to sue is a legal agreement in which the party seeking damages agrees not to sue the party that it has cause against. Covenants not to sue are used to settle specific legal issues outside of the court system.
Can I sue for emotional distress?
It may be possible for you to sue for emotional distress, depending on your situation. The main factor that will mean you can make a claim is whether someone’s negligence caused the harm you first suffered. This could be because you were hurt in an accident that was someone else’s fault.
What is breach of contract in South African law?
A breach of contract by either party entitles the other party to either accept the breach and sue for damages, or to reject it and sue for specific performance. A material breach of contract constitutes repudiation where it evinces an intention on the part of the guilty party not to continue with the contract.