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LPL4802 Assignment 1 (COMPLETE ANSWERS) Semester 2 2024 (287381) - DUE 16 August 2024
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Exam of 6 pages for the course Law of Damages at University of South Africa (Guaranteed Success)
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LPL4802Assignment 1
(COMPLETE
ANSWERS)
Semester 2
2024 (287381) -
DUE 16 August
2024
, LPL4802 Assignment 1 (COMPLETE ANSWERS)
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
While the decision in Mdlekeza v Gallie demonstrates a thorough
analysis of defamation, there are aspects that could be improved. The
two-stage inquiry, although detailed, may sometimes lead to prolonged
legal proceedings that can be burdensome for the parties involved. The
process of weighing mitigating and aggravating factors, while important,
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