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LPL4802 Portfolio Semester 1 2023
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LPL4802 Portfolio for semester 1 of 2023. Question 1 The nature and application of the actio iniurian as a remedy for personality claims. Why constitutional damages should not always be preferred in personal injury claims. Question 2……

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  • May 27, 2023
  • 16
  • 2022/2023
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LPL4802
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Semester 1 – 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 court held that, “Actionable harm for the actio iniuriarum requires that there be a
wrongful and intentional infringement of one’s personality rights. The requirements for
liability to arise under the action iniuriarum are harm or loss –

1. it must be shown that there was a violation of a personality right, either of bodily
integrity, dignity (which includes infringing one’s privacy), or reputation;
2. conduct, causation, wrongfulness, and fault, in the form of intention.”1



1 Neethling and Potgieter Law of Delict 7ed (LexisNexis, Durban 2015) para 4 – 12.

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