Exam (elaborations)
LPL4802 EXAM PACK 2024/2025
- Course
- LPL4802 (LPL4802)
- Institution
- University Of South Africa (Unisa)
LPL4802 EXAM PACK 2024/2025 QUESTIONS AND ANSWERS
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LPL4802 EXAM PACK2024/2025
[Company address]
, lOMoAR cPSD| 24668432
LPL4802 EXAM PACK 2024/2025
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)
(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. (15)
N.B: The rubric herein attached, will be used to mark your answers. Annex it at the end
of your answer to this question, and not at the end of the exam script.
[25 marks]
To answer this question comprehensively, you need to delve into the nature and
application of the actio iniuriarum as a remedy for personality injury claims and analyze
the reasons given by the Constitutional Court in the Residents of Industry House and
, lOMoAR cPSD| 24668432
Others v Minister of Police and Others case for why constitutional damages should not
always be preferred. Here is a structured approach to tackle each part of the question:
(a) Nature and Application of the Actio Iniuriarum (10 marks)
1. Introduction to Actio Iniuriarum:
• Definition and Origin:
o The actio iniuriarum is a Roman law remedy that has been incorporated
into South African law.
o It is a personal action aimed at protecting an individual’s personality rights,
such as dignity, privacy, and reputation.
2. Elements of Actio Iniuriarum:
• Injury to Personality (Iniuria):
o The actio iniuriarum protects against wrongful and intentional harm to a
person’s dignitas (dignity), fama (reputation), and corpus (bodily integrity).
• Wrongfulness (Iniuria):
o The conduct must be wrongful, meaning it must infringe on the personality
rights recognized by law.
• Intent (Animus Iniuriandi):
o The perpetrator must have the intention to injure (animus iniuriandi).
3. Application of Actio Iniuriarum:
• Claims for Damages:
, lOMoAR cPSD| 24668432
o The primary remedy is the claim for monetary compensation to vindicate
the injured personality right.
• Case Law:
o Delange v Costa 1989 (2) SA 857 (A) – This case emphasizes the
protection of personality rights and the need for intentionality in iniuria
claims.
o Minister of Safety and Security v Seymour 2006 (6) SA 320 (SCA) – This
case discusses the quantification of damages in the context of wrongful
arrest and detention.
4. Conclusion:
• The actio iniuriarum remains a vital remedy in South African law for addressing
intentional infringements of personality rights, providing an essential mechanism
for individuals to seek redress for non-patrimonial loss.
(b) Reasons for Not Preferring Constitutional Damages in Personality Injury Claims
(15 marks)
1. Introduction to Constitutional Damages:
• Definition:
o Constitutional damages are awarded for violations of constitutional rights,
intended to vindicate the Constitution and deter future violations.
• Context of the Case:
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