LPL4802 PORTFOLIO MEMO
SEPTEMBER 2021 SUPER
SEMESTER UNISA LAW OF
DAMAGES
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LPL4802 PORTFOLIO
MEMO
SEPTEMBER 2021
LAW OF DAMAGES
UNISA
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FOOTNOTES &
BIBLIOGRAPHY INCLUDED
QUESTION 1 (ESSAY)
QUANTUM OF DAMAGES AND SATISFACTION FOR NON-PATRIMONIAL LOSS
(INJURY TO PERSONALITY)
Study the case of Economic Freedom Fighters and others v Manuel 2021 (3) SA 425 (SCA)
and answer the question below.
In para [92], the court exclaimed [sic], “An unliquidated claim for damages must be pursued
by institution of an action.” However, contrary to this accepted practice, the attorneys for the
respondent brought the claim of damages for defamation in an application proceeding.
Discuss fully, the reasons the court put forward in support of accepted practice, that general
damages for defamation must be instituted in an action proceeding. Refer to relevant case law
and legislation in your answer. (25)
[25 marks]
In this Case the SCA upheld a High Court ruling that a political party had defamed a former
politician by calling him “corrupt and Innepotistic” and describing a process over which he
was presiding “secretive”. The former politician had approached the High Court after the
political party posted a statement on Twitter, claiming that the statement was false and
damaging to his reputation. Although the High Court had held that the political party had
no defence to the publication of the statement, it commented that the defence of
reasonable publication – previously restricted for use by the media – was available to non-
media defendants as well. 1
1 Economic Freedom Fighters and others v Manuel 2021 (3) SA 425 (SCA) .
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SEPTEMBER 2021 SUPER
SEMESTER UNISA LAW OF
DAMAGES
written by
LLBExampacksAndTutorials
, www.stuvia.com
Downloaded by: shangkhan12 |
Distribution of this document is illegal
, Stuvia.com - The study-notes marketplace
LPL4802 PORTFOLIO
MEMO
SEPTEMBER 2021
LAW OF DAMAGES
UNISA
Downloaded by: shangkhan12 |
Distribution of this document is illegal
, Stuvia.com - The study-notes marketplace
FOOTNOTES &
BIBLIOGRAPHY INCLUDED
QUESTION 1 (ESSAY)
QUANTUM OF DAMAGES AND SATISFACTION FOR NON-PATRIMONIAL LOSS
(INJURY TO PERSONALITY)
Study the case of Economic Freedom Fighters and others v Manuel 2021 (3) SA 425 (SCA)
and answer the question below.
In para [92], the court exclaimed [sic], “An unliquidated claim for damages must be pursued
by institution of an action.” However, contrary to this accepted practice, the attorneys for the
respondent brought the claim of damages for defamation in an application proceeding.
Discuss fully, the reasons the court put forward in support of accepted practice, that general
damages for defamation must be instituted in an action proceeding. Refer to relevant case law
and legislation in your answer. (25)
[25 marks]
In this Case the SCA upheld a High Court ruling that a political party had defamed a former
politician by calling him “corrupt and Innepotistic” and describing a process over which he
was presiding “secretive”. The former politician had approached the High Court after the
political party posted a statement on Twitter, claiming that the statement was false and
damaging to his reputation. Although the High Court had held that the political party had
no defence to the publication of the statement, it commented that the defence of
reasonable publication – previously restricted for use by the media – was available to non-
media defendants as well. 1
1 Economic Freedom Fighters and others v Manuel 2021 (3) SA 425 (SCA) .
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