Chandrawathie vs Jayasena – CA CASE NO. 309/2000-2016

In the case between Vidyaratne Ganithayalage Chandrawathie (Appellant) and Weerasangali Durayalage Jayasena (Respondent), the court addressed the issue of liability for damages arising from seduction based on an alleged promise of marriage, and considered whether such a claim survives the death of the Plaintiff. It was held that a fraudulent promise of marriage leading to sexual intercourse entitled the Plaintiff’s estate to damages, even if consensual intercourse continued after the initial act. The principle was reaffirmed that continued consent to intercourse does not preclude recovery of damages where fraudulent inducement is present. Reliance was placed on established authorities, including McKerron’s Law of Delict and pertinent South African precedent, emphasizing the transmissibilit