Van Jaarsveld v Bridges

The respondent sued the appellant for damages arising from an alleged breach of promise to marry. The parties became engaged in July 2005, with the wedding planned for January 2006. In December 2005 the appellant terminated the engagement, primarily by SMS, citing his lack of desire to marry and concerns about the viability of the marriage given family opposition and personal doubts. The High Court upheld the respondent’s claim and awarded both sentimental (iniuria) damages and contractual damages for financial loss. The appellant appealed to the Supreme Court of Appeal.

The appeal was upheld with costs. The order of the High Court was set aside and replaced with an order of absolution from the instance with costs.

This case is a leading authority on breach of promise to marry in South African law. It significantly restricts claims for sentimental damages by emphasising the requirement of objectively contumacious conduct. The judgment also provides influential guidance questioning the compatibility of traditional breach of promise actions with modern constitutional values and social norms, laying groundwork for later developments in this area of law.