LPL4802 ASSIGNMENT 01 SEMESTER 02 ANSWERS DUE 16 AUGUST 2024.
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Course
Law of Damages (LPL4802)
Institution
University Of South Africa (Unisa)
Book
Law of Damages
LPL4802 ASSIGNMENT 01 SEMESTER 02 ANSWERS DUE 16 AUGUST 2024.
QUESTION 1:
Critically discuss the decision of Mdlekeza v Gallie 2021 (4) 531 (wcc) with specific reference to defamation and the claim for damages in that respect. Do not include a discussion of the Prescription Act.
Your discussio...
LPL4802 Assignment 4 (QUIZ ANSWERS) semester 2 2024 -DUE SEPTEMBER
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LPL4802 ASSIGNMENT 01 DUE 16
AUGUST 2024
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n
, QUESTION 1
Critically discuss the decision of Mdlekeza v Gallie 2021 (4) 531
(wcc) with specific reference to defamation and the claim for
damages in that respect. Do not include a discussion of the
Prescription Act.
Your discussion should include (but not limited to) what
constitutes defamation and how the court dealt with this in casu,
the two-stage inquiry, mitigating and aggravating factors. You
should include your personal view of the decision in casu and
provide reasons for your view.
In Mdlekeza v Gallie 2021 (4) 531 (WCC), the Western Cape Division of the
High Court of South Africa discussed a perplexing issue relating to
defamation as well as the corresponding claim for damages. This
discussion intends to critically evaluate the given decision based on the
understanding of what defamation entails, the court’s approach to this
case, the two-step inquiry employed, and other factors taken into account
for mitigation and aggravation. Also, it will express a personal opinion
about the decision.
What Constitutes Defamation
Defamation in South African law involves the unlawful and intentional
publication of a statement that injures another's reputation. Defamation
can occur through spoken or written words, gestures, or other means of
communication that lower the esteem in which the person is held by the
community. The elements of defamation include the wrongful and
intentional publication of a defamatory statement concerning the plaintiff,
which causes harm to their reputation.1
1
JM Potgieter, L Steynberg and TB Floyd, Visser & Potgieter Law of Damages (3rd edn, Juta
2012) 163.
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