key to the study guide - Name

Action on ground
of seduction
38
FEEDBACK
Youshouldhaveincludedinyourlistthefollowingthreerules,which
apply when one of the engaged parties has committed breach of promise:
(1) The ``innocent'' party may claim the sponsalitia largitas and the arrhae
sponsalitiae which he or she gave. Small, unconditional gifts are not
included under this heading and may be retained by the ``guilty''
party.
(2) The ``innocent'' party may retain the arrhae sponsalitiae and the
sponsalitia largitas he or she received.
(3) If the ``innocent'' party claims damages, the value of the gifts retained
must be taken into account. Whether the same applies where the
``innocent'' party claims satisfaction is not clear.
6 SATISFACTION AND DAMAGES ON THE GROUND OF SEDUCTION
Another action that may play a role at the termination of an engagement
is the action for satisfaction and/or damages on the grounds of seduction.
This action includes two separate claims, namely the claim for satisfaction
for defloration and the concomitant minimising of the woman's chances of
making a suitable and successful marriage, and the claim for damages.
Also note the description of seduction in your prescribed textbook on page
16 and the influence that section 9 of the Constitution may possibly have
on this action. This matter is discussed on page 16 of the textbook.
QUESTIONS
NB: Make sure that you can answer these questions properly. They
are designed to test your knowledge of the study material in
this study unit.
. General
(1) Define the concept ``engagement''.
. Requirements for a valid engagement
(2) List the requirements for a valid engagement.
. Consensus
(3) Distinguish between error in persona and error in negotio.
(4) Explain what is understood by a ``material misrepresentation''
with regard to entering into an engagement.
. Capacity to act
(5) Must an emancipated minor obtain parental consent in order to
enter into an engagement contract?