PVL2601 - 1. Engagement Post Test Well Answered Passed 2023.

What is an Engagement? - Answer The engagement - contract between a man & woman to marry each other on a specific/determinable date. A valid engagement is not a prerequisite for a valid civil marriage. Can be conditional e.g. dependent on parents consent given - gets an increase in salary. Impossible condition - engagement valid - condition held as pro non scripto. Unlawful condition - engagement valid - condition held as pro non scripto e.g forced sex. Condition contrary to marriage - void e.g. prostitute herself. Can be concluded orally or in writing - effect when person making offer learns of acceptance if by post. If one of the parties is under the impression that's it's a joke no engagement comes into place. When a party to the engagement refuses to proceed with the marriage, the engagement ring that was given to this party must be returned. What are the Requirements for Engagement? - Answer 1. Consensus 2. Capacity to act 3. Must be lawful 4. Must be judicially and factually possible When can an engagement be declared Void? - Answer Mistakes:- only grounds for making engagement void & thus no damages can be claimed 1. Error in persona - the woman or man for instance thinks he or she is marry x while she is actually marrying y. This means that there is a case of mistaken identity regarding the person to whom a party becomes engaged to. 2. Error in negotia - misunderstanding action - thinks it is a christening. Other Requirements for a valid Engagement - Answer 1. Misrepresentation: - Making engagement voidable occurs when one of the parties to the contract makes a false representation/omission or does