, LCR4805 Assignment 1 (complete answers) Semester 2 Memo | Due 12 August
2025; 100% CORRECT AND TRUSTED SOLUTIONS
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 Marks]
Introduction
The scenario involves Mary posting on John’s Facebook wall accusing him of
being a “thief” and a “fraudster,” which resulted in financial harm to John’s
business. The question requires an analysis of whether Mary can be held liable
for defamation under South African law. Defamation is part of the law of delict
and aims to protect an individual’s reputation against unlawful and intentional
publications of injurious statements.
1. Definition and Elements of Defamation
Defamation can be defined as:
“The wrongful and intentional publication of a defamatory statement concerning
another person.”
(Khumalo v Holomisa 2002 (5) SA 401 (CC))
For Mary to be liable, John must prove the following elements:
1.1. Publication
2025; 100% CORRECT AND TRUSTED SOLUTIONS
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 Marks]
Introduction
The scenario involves Mary posting on John’s Facebook wall accusing him of
being a “thief” and a “fraudster,” which resulted in financial harm to John’s
business. The question requires an analysis of whether Mary can be held liable
for defamation under South African law. Defamation is part of the law of delict
and aims to protect an individual’s reputation against unlawful and intentional
publications of injurious statements.
1. Definition and Elements of Defamation
Defamation can be defined as:
“The wrongful and intentional publication of a defamatory statement concerning
another person.”
(Khumalo v Holomisa 2002 (5) SA 401 (CC))
For Mary to be liable, John must prove the following elements:
1.1. Publication
