CARMEL RICKARD: No, you can’t get even
If you get jilted by your lover, feel free to get mad — but the courts are clear that you are not entitled to damages for breach of promise
As a public service, here is a warning to all engaged couples, their families and anyone else with a stake in the financial wellbeing of a happy twosome: it is no longer law in SA that the offended party may sue for breach of promise if one of the couple ends the engagement. Actually, it has not been law for a while, though apparently some lawyers advising unhappily "jilted" individuals aren’t persuaded of this fact. What should be the last case to test the waters was heard in the high court in Pretoria earlier this year. Judgment has now been given, awarding one of the parties R123,149.63 — though this does not contradict my point about no longer being able to sue for ending an engagement. Originally the woman asked the court to award more than R2.6m for breach of promise. She and her former fiancé had planned to marry "within a reasonable time" and as soon as they were "financially sound". She was 40 and he was rather older, but as they both wanted children they further agreed to ...
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