QUESTION 2

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HEADS OF ARGUMENT

ATLANTIS MAGISTRATE COURT

19/09/2023
In the matters between:

Ms. X Plaintiff
And
Mr. Y Defendant
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Table of Contents:
1. Introduction
2. Background
3. Facts
4. Concerns

5. Principles of Law
6. Rebuttal
7. In summary
8. Offerings of Comfort

1. Introduction: State that Ms. X is bringing a civil lawsuit against Mr. Y for breaking his vow to
marry her as well as for unfair enrichment.

- Indicate that the aim of this document is to convey the main points of the defense of Ms. X's
claim.
2. Background: - Briefly describe the events that led Ms. X to decide to leave her LLB program,
sell her possessions, and relocate to Cape Town.
- Mention Mr. Y's assurances that he would take care of her, as well as the work and sacrifice
Ms. X made in reliance on those assurances.
3. Facts: - Give a brief summary of the case's facts, including the engagement, Mr. Y's change in
feelings, Ms. Z's arrival, and Ms. X's removal from the penthouse.

4. concerns: - Identify the main legal concerns in the case, such as unjust enrichment,
detrimental reliance, and breach of the promise to wed.
- Emphasize the particular aspects that Ms. X must demonstrate in support of each of these
assertions.

5. Legal Principles: - Give a general summary of the legal rules regulating unjust enrichment,
detrimental dependence, and breach of the pledge to marry.
- Cite applicable statutes and case law to back up your points.
6. Argument
Breach of the Promise to Wed:
- Outline the elements of a broken marriage vow, such as the existence of a legal engagement
and the breaking of the vows.
- Argue that Mr Y's actions in breaking the engagement after Ms X had relied on his promises
constitute a breach of promise to marry. - Outline the damages suffered by Ms X as a result of
the breach, including emotional distress and financial loss. 6.2. Detrimental Reliance: - Explain
the elements of detrimental reliance, including reasonable reliance, foreseeable harm, and
causation. - Argue that Ms X reasonably relied on Mr Y's promises to her detriment, as
demonstrated by her decision to drop out of her studies, sell her assets, and move to Cape
Town. - Highlight the harm suffered by Ms X as a direct result of her detrimental reliance on Mr
Y's promises.
6.3. Unjust Enrichment: - Outline the elements of unjust enrichment, including an enrichment
at the expense of Ms X, as she had to give up her education, career, and assets. There is no legal
ground for Mr. Y’s enrichment at Mrs. X’s expense.

7. Conclusion
Ms. Y had unlawfully broken the engagement and damaged Ms. X.
Ms. X is entitled to appropriate remedies for the damage she had suffered.
8. Prayer for relief:
Ms. X seeks damages (Compensation) from Mr Y.

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