,LCR4805 Assignment 1 Semester 2 2025 - Due 12
August 2025; 100 % TRUSTED workings, Expert
Solved, Explanations and Solutions
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Question 1
a) Liability of Mary for Defamation (10 marks)
Definition of Defamation:
Defamation is the unlawful and intentional publication of a
defamatory statement concerning another person, which
impairs their good name, reputation, or dignity.
To establish a claim of defamation in South African law, the
following elements must be present:
1. Publication:
The defamatory statement must be communicated to
someone other than the person it concerns.
→ In this case, Mary posted on Facebook, which is a public
platform. The statement was clearly published to third
parties (numerous users who commented).
2. Defamatory Content:
The statement must tend to lower the person’s reputation
in the eyes of right-thinking members of society.
→ Calling John a "thief and fraudster" directly attacks his
, character and integrity, especially as a businessman. This
would certainly qualify as defamatory.
3. Reference to the Plaintiff (John):
The statement must refer to the plaintiff.
→ Mary named John directly, so there is a clear reference.
4. Unlawfulness:
The statement is presumed to be unlawful unless a valid
defence is raised.
5. Fault (Intention):
The publisher must have intended to defame the other
party.
→ Mary's actions were clearly intentional and motivated
by spite.
Conclusion:
Mary satisfies all the requirements for defamation: she made a
public, intentional, and reputationally damaging statement
about John that harmed his business. She is therefore liable for
defamation, unless she can raise a valid defence.
b) Possible Defences for Mary (5 marks)
South African law provides the following defences to
defamation:
August 2025; 100 % TRUSTED workings, Expert
Solved, Explanations and Solutions
MULTIPLE CHOICE ASSURED EXCELLENCE
Question 1
a) Liability of Mary for Defamation (10 marks)
Definition of Defamation:
Defamation is the unlawful and intentional publication of a
defamatory statement concerning another person, which
impairs their good name, reputation, or dignity.
To establish a claim of defamation in South African law, the
following elements must be present:
1. Publication:
The defamatory statement must be communicated to
someone other than the person it concerns.
→ In this case, Mary posted on Facebook, which is a public
platform. The statement was clearly published to third
parties (numerous users who commented).
2. Defamatory Content:
The statement must tend to lower the person’s reputation
in the eyes of right-thinking members of society.
→ Calling John a "thief and fraudster" directly attacks his
, character and integrity, especially as a businessman. This
would certainly qualify as defamatory.
3. Reference to the Plaintiff (John):
The statement must refer to the plaintiff.
→ Mary named John directly, so there is a clear reference.
4. Unlawfulness:
The statement is presumed to be unlawful unless a valid
defence is raised.
5. Fault (Intention):
The publisher must have intended to defame the other
party.
→ Mary's actions were clearly intentional and motivated
by spite.
Conclusion:
Mary satisfies all the requirements for defamation: she made a
public, intentional, and reputationally damaging statement
about John that harmed his business. She is therefore liable for
defamation, unless she can raise a valid defence.
b) Possible Defences for Mary (5 marks)
South African law provides the following defences to
defamation:
