Mistress sues lover
2003-07-29 08:17
Plettenberg Bay - In a case which could alter the legal status of lovers, a woman here is claiming almost R300 000 in damages from a man who broke up with her instead of divorcing his wife as he'd promised.
Last week a summons was served on David Mitchell, 62, a prominent businessman of The Crags, after he broke off his "intimate relationship" with Julia Lloyd, 48, last July.
According the the summons Lloyd previously broke off her 13-year relationship with another man at Mitchell's insistence.
Should the claim succeed it would set a legal precedent. Similar claims against married men were rejected because extra-marital relationships are regarded as contra bonos mores (contrary to public morals) and the lover therefore has no legal grounds for a claim, said Lloyd's lawyer Richard Sohn
of Knysna.
Lloyd said she was aware the law was not on her side, but believes it should change with the times so that the man who jilted her could be held responsible for his actions. "I made the case because he not only hurt me but others close to me too."
She also finds it unfair that contractual agreements between adults are not protected by the law if one party is married to someone else.
Lloyd is claiming R100 000 for contumelia - a legal term which refers to damages claimed for the loss of companionship and the scandal associated with an extra-marital relationship.
A further R100 000 is being claimed for loss of financial benefits a marriage to Mitchell would have entailed. She also contends she lost R50 000 in earnings because she had a nervous breakdown after their break-up.
She's also claiming R14 300 for medical costs for the breakdown and a further R3 000 for future medical costs.
In the meantime the legal fraternity in this coastal village is in a froth about the legal action and preceding drama.
Mitchell owns Royaston Farms, a multi-million rand concern which supplies products to a various supermarkets throughout the country.
Lloyd is a freelance journalist and mother of two daughters. Her parents and brothers are prominent members of Plettenberg Bay society.
Her father, Dr Peter Rattray, was a local councillor and her mother Gillian Rattray a famous writer. Her brother David Rattray is apparently a personal friend of Prince Charles.