LPL4802 Portfolio OCTOBER/NOVEMBER 2022

This document contains workings, explanations, and solutions to the LPL4802 Portfolio OCTOBER/NOVEMBER 2022. For assistance call or us on . Read both Ameropa Commodities (Pty) Limited v Benchimol NO 2020 JDR 1223 (KZD) and Fenhalls v Ebrahim and Others 1956 (4) SA 723 (D) cases and answer the question below: Discuss the nature and application (requirements) of the actio pauliana as a remedy for neutralising the damage, the creditors may suffer due to the debtor’s alienation made in fraudem creditorum. Refer to authority in your discussion. Mr Timothy Mvelase, a well-known leader of a political party in South Africa, comes into your office as a lawyer to consult. He tells you that a widely read newspaper company in his hometown published a damaging story about his involvement in the corruption and scandals that rocked a South African provincial government in the recent past. He feels that the newspaper lied about certain facts and published them with the intention of embarrassing him in public. He insists that a proper investigation would reveal the intentions of the newspaper to ridicule and harm his reputation. He thinks that he has a claim against the said newspaper. 2.1 Which personality right has been infringed? (2) 2.2 Which remedy (or action) would you use to approach the court to assist Mr Mvelase to claim damages? (2) 2.3 Mr Mvelase thinks that there must be a way of punishing this newspaper company for exposing his life in such a negative light. Briefly advise him. (4) 2.4 Mr Mvelase thinks that you may simply approach the court to get full and substantial damages against the newspaper. Indicate to him the factors that may reduce his damages, despite proving damage. You must only state the factors and authority. There is no need to discuss your answers. (10) 2.5 In a separate incident, your client, a famous actress, who is HIV positive, informs you that her doctor had an interview with a magazine that circulates in her hometown, where he (the said doctor) discussed her status. Such an interview was published in the latest issue of that magazine. She wants to know how much she could claim against the doctor who violated her privacy. State the factors that the court would consider in determining the quantum of her claim. (7) 3.1 Fairness, in the quantification of non-patrimonial loss is rather a fluid concept. With the aid of authority, discuss the principles that the court must consider in determining a fair award. (10) 3.2 The court may consider comparable cases as a yardstick for determining the sum of non-patrimonial damages. Indicate fully, with the aid of case law, how the courts should make use of decided cases to arrive at a fair amount of general damages. (15) Natasha, a 28-year-old lady who worked at a very big local retail shop as a salesperson in South Africa, was badly injured in a motor vehicle accident on 13 June 2022. She spent a fortnight at a local private hospital’s intensive care unit, and later succumbed to the injuries she sustained in that accident. She is survived by her 8-year-old daughter Leticia, who was attending school at Green Village Preparatory school, a prestigious private school in the area, and her unemployed and ailing mother, Barbara. School fee for Leticia is R4000 per month. She also rented an apartment where she lived with both her survivors and paid a further R4000 for accommodation. Food and other necessaries cost round about R10 000 per month for three of them. Barbara saw Natasha immediately after the accident. She could not recover from the shock she suffered, which caused her stroke and was to be hospitalised for several weeks before being released from Hail end Hospital. Doctors have opined that she would not fully recover from the stroke she suffered on the day of the accident. RAF has accepted liability but referred the matter to court for trial on damages. Barbara consults with you on how she would go about claiming against the RAF, in court. You are required to draft particulars of claim (leave out the summons) that you would lodge at the High Court on behalf of Barbara and Leticia.