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.