[LISTEN] 'If he breaches the contract, you are entitled to sue for losses'

Have you ever wondered whether women can sue their partners for failing to marry them?

Well, one woman did and succeeded.

The High Court awarded Nomcebo Nhlapho R123. 149 for breach of promise, after her ex-boyfriend, did not marry her.

To discuss this court case and how one can sue for breach of promise, Azania Mosaka speaks to Gerhard Botha and Partners lawyer Brendan Swart.

To start with, you need to prove the engagement itself. It is a contract, and it might sound a bit strange, but it is a contract that is concluded between two parties to marry one another by a specific date, and our law of contracts governs that contract.

Brendan Swart, Lawyer - Gerhard Botha and Partners

If you then breach the contract, there are consequences to it and you are entitled to sue for actual losses.

Brendan Swart, Lawyer - Gerhard Botha and Partners

If there is a promise to marry and that agreement is repudiated, then you have to claim for the actual losses you can prove and that is recoverable and in certain circumstances, you will have to claim an intellectual claim for sentimental damages.

Brendan Swart, Lawyer - Gerhard Botha and Partners

Callers also weighed in on the topic and shared their views.

Listen below to the full interview:


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