The Supreme Court of Appeal today upheld an appeal against a judgment of the high court in this matter. The high court had awarded Ms Bridges damages in the sum of R282 413 on the ground of breach of promise to marry. The award was set aside with costs.
The court questioned whether the cause of action is, in all its respects, consonant with prevailing customs and public policy.
In relation to her claim for sentimental damages the court found that the way in which the appellant, Mr Van Jaarsveld, had put an end to the engagement was not in the circumstances wrongful or contumacious, and that the award could not stand in the light of this.
As far as her claim for actual loss is concerned, the court found that she had failed to prove that she had suffered any loss. The court below erred because it had omitted to have regard to income she had earned, and to all the amounts paid by Van Jaarsveld.