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Summary JLVV 102 - CASE Summaries Chapters 4-16
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This is a comprehensive and detailed doc that comprises Case summaries for chapters 4-16 in family law. Quality stuff!!
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CASES CH 4 - 16Schnaar v Jansen = court held that failure to disclose details about family members
with questionable pastimes and professions was not grounds for setting aside the
engagement, it does not amount to material misrepresentation
Thelemann v von Geyso = a misrepresentation that a woman is pregnant is
grounds for setting the engagement aside regardless of whether or not the
misrepresentation is innocent or fraudulent
Friedman v Harris = a promise by a married person to marry after obtaining a
divorce or after his / her spouse’s death is void as it is against public policy
Guggenheim v Rosenbaum = an innocent party who claims damages upon breach
of promise to marry is entitled to both the future loss of benefits and the actual
monetary loss, therefore this remedy is sui generis (see case discussion)
Mocke v Fourie = courts are hesitant to award satisfaction where either party
realizes after the conclusion of the engagement that he / she no longer loves the
other party as a prospective spouse should and in a fair and open manner
terminates the engagement
Martens v Martens = a simulated marriage or a marriage of convenience is valid as
the parties had the intention of entering into a valid marriage
Smith v Smith = if one of the parties has been forced to consent to the marriage by
duress then the marriage is voidable at the discretion of the injured party
Ex parte Dow = non-compliance with section 29(2) should not render the marriage
void
Venter v Venter = a spouse can have the marriage annulled if the other spouse
fraudulently concealed his / her sterility
Van Niekerk v Van Niekerk = the mere fact of sterility renders the marriage voidable
Voortrekkerwinkels Ko-operatief v Pretorius = used the objective test to
, determine whether particular items were household necessaries
Reloomel v Ramsay = used the subjective test to determine whether particular
items were household necessaries
Bannatyne v Bannatyne = contempt proceedings in the High Court to secure the
enforcement of a maintenance debt are “appropriate constitutional relief for the
enforcement of a claim for the maintenance of children”
Ex parte Oosthuizen = the wording of section 21(1) does not permit retrospective
change of a matrimonial property system
Daniels v Campbell = was held that “survivor” in terms of the Maintenance of
Surviving Spouses Act includes spouses in a monogamous Muslim marriage
Hassam v Jacobs = the definition of “survivor” was extended to include widows of
polygynous Muslim marriages
Schwartz v Schwartz = held that it is important to take history of the relationship
into account as well as the present attitude of the parties when determining whether
or not the marriage has broken down irretrievably, used the objective approach =
stated obiter dictum that the court does not have discretion to refuse to grant a
divorce and that a divorce must be granted once it has been proven that the
marriage has broken down irretrievably
Swart v Swart = the court looked at the reasons that prompted the plaintiff to sue for
divorce to determine if the marriage can still be saved, used the subjective approach
Coetzee v Coetzee = held that the plaintiff must prove that there has been a change
in the pattern of the marriage from which breakdown can be deduced
Levy v Levy = confirmed the position in Schwartz that the court does not have
discretion to refuse to grant a divorce
Wijker v Wijker = held that in determining whether or not to grant a forfeiture of
benefits order, it must first consider whether the person against whom forfeiture is
being sought will benefit if the order is not granted, and must then determine
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