1. Indicate whether the following statements are True or False and
provide one reason for each "False" answer: (2x5=10marks)
For question 1, references to authorities are not needed.
a) An engagement is a legal agreement, not a mere social agreement.
b) Clive proposes marriage to Claudia on her Facebook page on 3
March 2023. Claudia accepted his offer by replying with an SMS on
5 March 2023. Clive read the acceptance sms on 7 March 2023.
Therefore, according to the reception theory, the engagement
was valid and complete when Clive read Claudia's sms on 7 March.
c) One reason it is said that an engagement contract is sui generis is
that a court cannot order the parties to marry to resolve a breach in
the engagement contract.
d) Pulane receives an engagement proposal via sms from Andrew's
cellphone. She reads the first part of the sms and immediately
responds to Andrew that she will marry him. However, Andrew lent
his phone to Michael. It was Michael who proposed to Pulane.
Pulane thinks she has concluded an engagement agreement with
Andrew, but it is with Michael. The engagement is voidable because
there is a material mistake about the person to whom Pulane is
engaged.
e) A misrepresentation that renders an engagement contract voidable
can serve as a just cause for the innocent party to reject the
engagement. An example of such misrepresentation that can serve
as a just cause for termination of the engagement contract is when
one party becomes sterile or impotent during the engagement.
a) False. An engagement is not a legal agreement but a mere social agreement. There is no legal obligation for the parties to marry.
Reason: Engagements are not legally binding contracts as they lack the essential elements of a legally enforceable agreement, such as consideration and intention to create legal relations.
b) False. According to the reception theory, an acceptance is effective upon the moment it is communicated to the offeror, not when the offeror reads it.
Reason: The engagement would be valid and complete when Claudia's acceptance SMS was sent on 5 March, not when Clive read it on 7 March. The moment of acceptance is determined by when it is communicated, not when it is received.
c) True. An engagement contract is considered sui generis, meaning it is a unique type of contract. A court cannot force the parties to marry in case of a breach of the engagement contract.
Reason: The courts generally do not have the power to specifically enforce engagements or order someone to go through with a marriage. This is because marriage is a personal relationship that is based on free will and cannot be coerced.
d) False. The engagement is not voidable due to a material mistake about the person. It is Pulane's responsibility to ensure she is accepting a proposal from the intended person.
Reason: It is the responsibility of the party receiving the proposal to ensure they are engaging with the correct person. If Pulane accepted the proposal without verifying the identity of the proposer, any mistake made is her own fault and cannot be used to void the engagement contract.
e) False. A misrepresentation that renders the engagement contract voidable would not serve as a just cause for termination, but rather a ground for rescission of the contract.
Reason: A misrepresentation in an engagement contract would allow the innocent party to seek the rescission of the contract and be released from their obligations. However, it would not serve as a just cause for termination, which would typically require a more serious breach or violation of the terms of the engagement contract.