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BETROTHAL, Harvey v Johnston (1848) 6 CB 295 (consideration), R.S.…

- - - - can make any time
      - must be clear
    - - normally one party say will you marry me
      - can be formal/informal
      - need to have accepted
      - can be made impliedly, even not straightly say it
    - - contract party must be single
      - illegal if party is married
    - - minor can enter the promise to marry but need to get consent by parent
      - father > mother > court/ minister
- - - - Both individuals who intends to get married must be SINGLE at the time of the promise of marriage
      - Q: What if one of them is a married man/woman?
      - A: the contract to marry will be held ILLEGAL & UNENFORCEABLE
      - Exceptions to the General Rule
        
        a. When the P can prove that she did not know that the D was a married man when the promise was made
        
        b. Promise made during the period of decree nisi
        
        This is a situation in which an individual makes a promise to marry a third party during the period when decree nisi is pronounced dissolving or annulling a marriage; wherein that individual promises to marry the 3rd party after the decree becomes absolute
        
        In this situation, the promise to marry will be VALID
        
        c. When a man is allowed to have plurality of wives by his personal law
    - - a person is competent to enter into a contract at the age of majority, which is 18 years of age
      - Male (18 years old and above ) & female (16 years old and above) - section 10 LRA 1976
      - Minor needs to get consent from their parent/guardian