TEST/ASSESSMENT

COVER SHEET

Surname MOKGOSI Initials OV

Contact 064 195
Student number 2017190162
Number 3346
E-Mail Address 2017190162@ufs4life.ac.za
Module name LFAM Module code 2613
Assignment or Test Title ASSIGNMENT 1
Lecturer
Is this an authorised group assignment? Yes No
Has any part of this assignment been previously submitted? Yes No
Date 23 APRIL
Due date 19 APRIL 2023
submitted 2023
Signature of
Extension granted until (date)
lecturer
Definitions
Plagiarism implies: MARK
 direct duplication of the formulation and insights of a source text with the intention of presenting it
as one’s own work.
Academic writing misconduct implies:
 cribbing in tests and examinations;
 collusion and fabrication or falsification of data;
 deliberate dishonesty;
 purchasing assignments, dissertations and/or theses on the Internet and presenting such
%
documents as one’s own work;
 presenting the same work for more than one course or in consecutive years; and
 the submission of another person’s work as one’s own original work.
Student statement: I have read the University’s Policy on the Prevention of Plagiarism and Dealing with Academic Writing
Misconduct: http://www.ufs.ac.za/docs/default-source/all-documents/plagiarism-prevention-policy-364-eng.pdf?sfvrsn=0

I understand that I must:

 abide by all the directives of this Policy, the Assessment Policy, course guides, specific and general regulations and
assessment requirements;
 seek assistance if I am unsure about appropriate citation and referencing techniques;
 accept responsibility for having full knowledge of the Policy;
 submit only my own work for any form of assessment, except where:
– the work of others is appropriately acknowledged; and
– the assessor/moderator has required, or given prior permission for, group or collaborative work to be submitted;
 refrain from intentionally or negligently deceiving the reader by preventing my own work from being copied by another
student, who may or may not have an intentional or negligent aim to deceive the reader; and
 be aware that according to the Policy, measures for all Level Four violations and repeated Levels One, Two and Three
violations are reported and investigated in accordance with the UFS RULES ON STUDENT DISCIPLINE
Lecturer Comments
 Signature: O.Mokgosi Date: 19 APRIL 2023

QUESTION ONE

A. True

B. True

C. True

D. False. There was no true consensus between Pulane and Michael because she
thought that she was being proposed by Andrew. There was error in persona
therefore the contract is void ab initio.

E. True

QUESTION TWO

In the South African common law engagement context, a claim for damages based
on breach of promise arises when one party fails to fulfil a promise to marry the
other, resulting in damages suffered by the innocent party. The issue of prevailing
morals of society and just cause has been considered in few court cases. In Van
Jaarsveld v Bridges,1 the court considered the relevance of prevailing morals of
society in determining whether a claim for breach of promise should be allowed. The
court held that the claim for breach of promise had no place in modern South African
society, as it was a contrary to prevailing morals and public policy. The court stated
that the law should not encourage the idea that a person can be forced to marry
against their will. Moreover, in the court’s view, it is difficult to rationalize claims for
breach of promise, particularly where the claim is based on prospective loss of the
benefits of the marriage. In the case of Sepheri v Scanlan,2 the court considered the
question of whether a claim for damages based on a breach of promise to marry was
still valid in South African law. The court held that such claim was still valid, but that it
should be approached with caution and only in exceptional circumstances, such as
where the innocent party has suffered significant financial losses or emotional
distress, a claim for damages may be justified. This case highlights the importance of
considering the prevailing morals of society when determining the validity of a claim
for damages based on breach of promise to marry.
1
2010 4 SA 558 (SCA).
2
2008 1 SA 322 (C).
QUESTION THREE

A. Real damages: Refers to the actual losses suffered by the wronged party as a
direct result of the breach, which may include financial losses, lost profits and
measurable damages.

B. Lawful termination: Refers to the legal process of ending an engagement between

people who have agreed to marry but have not yet formalized their union.

C. Competency to enter into an engagement : Refers to a person’s legal capacity

and ability to understand and agree to the terms of a contract, which is determined
by age and mental capacity.

D. Misrepresentation: Refers to when one of the parties to an engagement gives the

other party a false impression or misleads concerning certain aspects of themselves
in the mind of the other party.

E. A void engagement contract: A contract that is not legally binding and has no legal
effect, usually because it violates a law or public policy and never exist from the
beginning.