LCR4805
ASSIGNMENT 1
DUE DATE: 12 AUGUST 2025
, LCR4805
ASSIGNMENT 1 2025
DUE 12 AUGUST 2025
Question 1
John and Mary are undergoing a divorce that John initiated due to his newfound
romantic interest, which has led him to no longer love Mary. John is a businessman who
operates an investment company. Meanwhile, Mary is still in love with John and feels
anger towards him for his departure. In a fit of spite, Mary posts on John's Facebook
wall, accusing him of being a thief and a fraudster, warning others not to trust him with
their finances. This Facebook post receives numerous negative comments,
consequently harming John's business financially.
a) With reference to applicable law, critically discuss the liability of Mary to a
claim of defamation.
Defamation in South African law refers to the wrongful, intentional publication of words
or conduct that injure the reputation of another person. The requirements to succeed in
a claim for defamation are as follows:
Publication: The defamatory statement must be published to at least one third party.
Wrongfulness: The statement must be unlawful and not protected by a valid defence.
Intent (Animus iniuriandi): The person who made the statement must have intended
to harm the reputation of the other person.
Defamatory content: The statement must lower the reputation of the plaintiff in the
eyes of a reasonable person.
Identification: The plaintiff (in this case, John) must be clearly identified.
ASSIGNMENT 1
DUE DATE: 12 AUGUST 2025
, LCR4805
ASSIGNMENT 1 2025
DUE 12 AUGUST 2025
Question 1
John and Mary are undergoing a divorce that John initiated due to his newfound
romantic interest, which has led him to no longer love Mary. John is a businessman who
operates an investment company. Meanwhile, Mary is still in love with John and feels
anger towards him for his departure. In a fit of spite, Mary posts on John's Facebook
wall, accusing him of being a thief and a fraudster, warning others not to trust him with
their finances. This Facebook post receives numerous negative comments,
consequently harming John's business financially.
a) With reference to applicable law, critically discuss the liability of Mary to a
claim of defamation.
Defamation in South African law refers to the wrongful, intentional publication of words
or conduct that injure the reputation of another person. The requirements to succeed in
a claim for defamation are as follows:
Publication: The defamatory statement must be published to at least one third party.
Wrongfulness: The statement must be unlawful and not protected by a valid defence.
Intent (Animus iniuriandi): The person who made the statement must have intended
to harm the reputation of the other person.
Defamatory content: The statement must lower the reputation of the plaintiff in the
eyes of a reasonable person.
Identification: The plaintiff (in this case, John) must be clearly identified.
