, LCR4805 Assignment 1 (COMPLETE ANSWERS)
Semester 2 2025 (835374) - DUE 12 August 2025;
100% TRUSTED Complete, trusted solutions and
explanations.
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. (10)
To determine Mary’s liability for defamation, the elements of
defamation under South African law must be applied. Defamation is the
unlawful and intentional publication of a defamatory statement
concerning another person.
1. Publication
Mary posted the statement on John’s Facebook wall, which is
publicly accessible to John’s friends/followers and possibly a
wider audience.
Numerous negative comments indicate wide dissemination,
satisfying the requirement of publication.
2. Defamatory Statement
A statement is defamatory if it tends to lower the reputation of a
person in the eyes of reasonable members of society.
Semester 2 2025 (835374) - DUE 12 August 2025;
100% TRUSTED Complete, trusted solutions and
explanations.
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. (10)
To determine Mary’s liability for defamation, the elements of
defamation under South African law must be applied. Defamation is the
unlawful and intentional publication of a defamatory statement
concerning another person.
1. Publication
Mary posted the statement on John’s Facebook wall, which is
publicly accessible to John’s friends/followers and possibly a
wider audience.
Numerous negative comments indicate wide dissemination,
satisfying the requirement of publication.
2. Defamatory Statement
A statement is defamatory if it tends to lower the reputation of a
person in the eyes of reasonable members of society.
