NAME: XXXXXXXXXXXXXXXXXXXXXXXXXXXXX
STUDENT NUMBER: XXXXXXXXXXXXXXXXXXXXXXXX
SUBJECT: LAW OF DAMAGES
MODULE CODE: LPL4802
ASSESSMENT TYPE: TAKE HOME PORTFOLIO/ EXAMINATION
UNIUE NUMBER: 577872
DUE DATE: 30 MAY 2023
,QUESTION 1: NATURE AND ASSESSMENT OF NON-PATRIMONIAL LOSS
(ESSAY)
Study the case, Residents of Industry House and Others v Minister of Police and
Others 2023 (1) SACR 14 (CC) together with the relevant chapter/s of your
prescribed textbook to answer the questions below.
(a) Explain briefly, the nature and application of the actio iniuriarum as a remedy
for personality injury claims. In support of your answer, refer to case law and other
credible legal sources. (10)
The actio iniuriarum is a common law remedy for personality injury claims, which is
available to individuals who have suffered harm to their reputation, dignity, or emotional
well-being due to the intentional or negligent actions of another. This remedy is based on
the principles of Roman law and is recognized in South African law.1
The actio iniuriarum allows the plaintiff to seek compensation for damages suffered as a
result of the wrongful conduct of the defendant. The damages that can be claimed include
general damages, which compensate for the harm suffered, and special damages, which
reimburse the plaintiff for actual financial losses incurred as a result of the harm suffered.2
In order to succeed in an actio iniuriarum claim, the plaintiff must prove that the
defendant's conduct was unlawful, intentional, and caused harm to the plaintiff's
1
Visser and P J and Potgieter J M ‘Law of damages’ (3rd edn, JUTA, Cape Town 2012) 503.
2
Visser and P J and Potgieter J M ‘Law of damages’ 32.
, personality. In the case of defamation claims, for example, the plaintiff must prove that
the defendant published a false statement about the plaintiff which caused harm to the
plaintiff's reputation.
The courts have developed several factors to be considered when assessing damages in
an actio iniuriarum claim. These include the gravity of the harm suffered, the nature and
extent of the plaintiff's suffering, the conduct of the defendant, and the social status of the
parties involved.
One significant case in which the actio iniuriarum remedy was applied is the case of
Jansen van Vuuren v Kruger. In this case, the plaintiff claimed damages for the
defendant's defamation of her character, which had caused her grave emotional suffering
and loss of income. The court held that the defendant had acted maliciously and awarded
the plaintiff significant damages.3
Overall, the actio iniuriarum remains an important remedy for personality injury claims in
South African law, providing individuals with a legal mechanism to seek redress for harm
suffered to their reputation, dignity, or emotional well-being.
b. Further discuss the reasons put forward by the Constitutional Court in this case,
why Constitutional damages should not always be preferred in personality injury
claims. Cite relevant paragraphs of this case and other legal sources to support
your views.
3
Visser and P J and Potgieter J M ‘Law of damages’ 517.
