Summary CSL2601 FAMILY PACK FINAL

FAMILY LAW NOTES THE ENGAGEMENT Definition Defined as a contract between a man and woman to marry each other on a specific or determinable date. An engagement is not like a normal contract!!! A valid engagement is noCSL2601FAMILY PACK FINAL.pdft a prerequisite for the conclusion of a valid marriage. The engagement is concluded by means of offer and acceptance. Contracts can be concluded by post the moment the person who made the offer becomes aware of its acceptance. The parties do not have to be in each other’s presence and thus an engagement can be concluded by a representative on behalf of the parties, with their consent. No special formalities are required for the conclusion of an engagement. Only persons who are competent validly to marry one another can enter into a contract of engagement. In certain circumstances, and based on good reasons, an engagement may be terminated unilaterally. Only damages can be claimed. Specific performance cannot be claimed because in South Africa it is unlawful to force anyone to marry. The calculation of damages is sui generis because damages are calculated on the basis of negative and positive interest. Requirements for a valid engagement The four requirements: 1. Consent. 2. Capacity to act. 3. Engagement must be lawful. 4. Possibility of performance. (i) Consent: A material mistake renders an engagement void. A misrepresentation renders an engagement voidable, at the instance of the party who is misled. It does not matter whether the misrepresentation was made innocently or fraudulently