key to the study guide - Name

ACTIVITY
On page 12 of your prescribed textbook there is a discussion of the rule
that the simple realisation by one of the parties that he or she no longer
loves the other party is not considered a justa causa for cancelling the
engagement. Discuss this rule with reference to the criticism in your
textbook.
When you are asked to discuss something it means that you have to write
a paragraph or essay on the topic specified. It means that you have to set
out and explain the topic with reference to all aspects of the topic, to case
law, theories, examples and whatever else is specifically asked for in the
question. All you have to discuss in this activity are the rule and the
criticism on the rule. Instead of the word discuss we could have used words
like explain, describe, set out, summarise, advise, consider, write notes on,
or we could have asked you what the legal position is.
FEEDBACK
A justa causa is a fact or an occurrence which comes about after the
engagement has been entered into and which, according to human
experience, will seriously jeopardise the chances of a happy and lasting
marriage. In terms of the rule that is discussed in your textbook, the
realisation by one of the parties that he or she no longer loves the other
party will not seriously jeopardise the chances of a happy and lasting
marriage. The termination of the engagement for this reason will thus
constitute breach of promise. If it were otherwise it would mean that the
engagement would lose its legal recognition as an agreement creating
obligations.
This rule can be criticised since this reason (that one of the parties realises
that he or she no longer loves the other party) should in fact be the most
valid and sensible one for the lawful unilateral termination of the
agreement. It is obvious that the possibility of a successful marriage is
seriously jeopardised if one of the parties realises, even before the marriage
has been entered into, that it will be a mistake.
In addition it is not in the public interest if a person's freedom to conclude
a marriage or to terminate an engagement is restricted because there is a
possibility that claims will be made against him or her.
Breach of promise Breach of promise, which is discussed on pages 12±15 of your textbook, is
the unlawful termination of an engagement. The consequence of breach of
promise is that the ``innocent'' party can withdraw from the engagement.
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