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LPL4802 Assignment 1 (COMPLETE ANSWERS) Semester 2 2024 (287381) - DUE 16 August 2024
LPL4802 Assignment 1 (COMPLETE ANSWERS) Semester 2 2024 (287381) - DUE 16 August 2024
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L, PL4802 Assignment 1 (COMPLETE ANSWERS) Semester 2
2024 (287381) - DUE 16 August 2024 ; 100% TR
US
. 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
Critical Discussion of Mdlekeza v Gallie 2021 (4) SA 531 (WCC)
Introduction
In the case of Mdlekeza v Gallie, the Western Cape Division of the High
Court dealt with issues surrounding defamation and the claim for
damages. This discussion will focus on what constitutes defamation,
how the court handled these issues, the two-stage inquiry in
defamation cases, mitigating and aggravating factors considered by the
court, and my personal view of the decision.
What Constitutes Defamation?
Defamation is a false statement made by one party that harms the
reputation of another. For a claim of defamation to succeed, the
following elements must be established:
1. Publication: The defamatory statement must be communicated to
at least one person other than the plaintiff.
2. Falsity: The statement must be false.
3. Defamatory Nature: The statement must be injurious to the
plaintiff’s reputation.
4. Identification: The statement must refer to the plaintiff.
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