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LPL4802 Assignment 1 Semester 2 2024 (287381) - DUE 16 August 2024 R46,53   Add to cart

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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 COMPLETE ANSWERS

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  • July 18, 2024
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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



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.

To critically discuss the decision in Mdlekeza v Gallie 2021 (4) 531 (WCC),
focusing on defamation and the claim for damages, we should analyze the
following aspects:

1. What Constitutes Defamation:

o Definition: Defamation involves the publication of a statement that
injures a person's reputation. It can be in the form of libel (written) or
slander (spoken).

o Elements: The essential elements of defamation include:

▪ Publication: The defamatory statement must be communicated
to a third party.

▪ Falsity: The statement must be false.

▪ Injury: The statement must cause harm to the person’s
reputation.

▪ Fault: The person making the statement must be at fault,
ranging from negligence to actual malice.

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