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LPL4802 Assignment 1 Semester 2 2024 (287381) - DUE 16 August 2024
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LPL4802 Assignment 1 Semester 2 2024 (287381) - DUE 16 August 2024 QUESTIONS WITH RESPECTIVE ANSWERS
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LPL4802 Assignment 1Semester 2 2024 (287381) -
DUE 16 August 2024
QUESTIONS WITH ANSWERS
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, LPL4802 Assignment 1 Semester 2 2024 (287381) - DUE 16 August 2024
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.
### Introduction
In the case of **Mdlekeza v Gallie 2021 (4) 531 (WCC)**, the court dealt with the issue
of defamation and the claim for damages arising from it. This discussion will focus on
what constitutes defamation, the court's handling of the matter, the two-stage inquiry for
defamation cases, and mitigating and aggravating factors. Additionally, I will provide my
personal view of the decision.
### What Constitutes Defamation
Defamation is the unlawful and intentional publication of a statement that injures
another person's reputation. For a statement to be considered defamatory, it must be:
1. **Published**: Communicated to someone other than the person it refers to.
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