LAW OF DAMAGES/ LPL4802: TAKE HOME PORTFOLIO/ EXAMINATION
By
XXXXXXXXXXXXXXXXXXX(Names)
Student Number XXXXXXXXXXXXXX
Submitted in partial fulfilment of the requirements for the LLB degree
BACHELOR OF LAWS (LLB)
In the
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
LPL4802: ASSIGNMENT 05
UNIQUE NUMBER: 577872
DUE DATE: 30 MAY 2023
,QUESTION 1: NATURE AND ASSESSMENT OF NON-PATRIMONIAL LOSS
(ESSAY)
Study the case, Residents of Industry House and Others v Minister of Police and
Others 2023 (1) SACR 14 (CC) together with the relevant chapter/s of your
prescribed textbook to answer the questions below.
(a) Explain briefly, the nature and application of the actio iniuriarum as a remedy
for personality injury claims. In support of your answer, refer to case law and
other credible legal sources. (10)
The actio iniuriarum is a common law remedy for personality injury claims, which is
available to individuals who have suffered harm to their reputation, dignity, or emotional
well-being due to the intentional or negligent actions of another. This remedy is based
on the principles of Roman law and is recognized in South African law. 1
The actio iniuriarum allows the plaintiff to seek compensation for damages suffered as a
result of the wrongful conduct of the defendant. The damages that can be claimed
include general damages, which compensate for the harm suffered, and special
1
Visser P J and Potgieter J M, ‘Law of damages’ (3rd edn, JUTA, Cape Town 2012) 503.
, damages, which reimburse the plaintiff for actual financial losses incurred as a result of
the harm suffered.2
In order to succeed in an actio iniuriarum claim, the plaintiff must prove that the
defendant's conduct was unlawful, intentional, and caused harm to the plaintiff's
personality. In the case of defamation claims, for example, the plaintiff must prove that
the defendant published a false statement about the plaintiff which caused harm to the
plaintiff's reputation.
The courts have developed several factors to be considered when assessing damages
in an actio iniuriarum claim. These include the gravity of the harm suffered, the nature
and extent of the plaintiff's suffering, the conduct of the defendant, and the social status
of the parties involved.
One significant case in which the actio iniuriarum remedy was applied is the case of
Jansen van Vuuren v Kruger. In this case, the plaintiff claimed damages for the
defendant's defamation of her character, which had caused her grave emotional
suffering and loss of income. The court held that the defendant had acted maliciously
and awarded the plaintiff significant damages.3
Overall, the actio iniuriarum remains an important remedy for personality injury claims in
South African law, providing individuals with a legal mechanism to seek redress for
harm suffered to their reputation, dignity, or emotional well-being.
2
Visser P J and Potgieter J M, ‘Law of damages’ 32.
3
Visser P J and Potgieter J M, ‘Law of damages’ 517.
By
XXXXXXXXXXXXXXXXXXX(Names)
Student Number XXXXXXXXXXXXXX
Submitted in partial fulfilment of the requirements for the LLB degree
BACHELOR OF LAWS (LLB)
In the
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
LPL4802: ASSIGNMENT 05
UNIQUE NUMBER: 577872
DUE DATE: 30 MAY 2023
,QUESTION 1: NATURE AND ASSESSMENT OF NON-PATRIMONIAL LOSS
(ESSAY)
Study the case, Residents of Industry House and Others v Minister of Police and
Others 2023 (1) SACR 14 (CC) together with the relevant chapter/s of your
prescribed textbook to answer the questions below.
(a) Explain briefly, the nature and application of the actio iniuriarum as a remedy
for personality injury claims. In support of your answer, refer to case law and
other credible legal sources. (10)
The actio iniuriarum is a common law remedy for personality injury claims, which is
available to individuals who have suffered harm to their reputation, dignity, or emotional
well-being due to the intentional or negligent actions of another. This remedy is based
on the principles of Roman law and is recognized in South African law. 1
The actio iniuriarum allows the plaintiff to seek compensation for damages suffered as a
result of the wrongful conduct of the defendant. The damages that can be claimed
include general damages, which compensate for the harm suffered, and special
1
Visser P J and Potgieter J M, ‘Law of damages’ (3rd edn, JUTA, Cape Town 2012) 503.
, damages, which reimburse the plaintiff for actual financial losses incurred as a result of
the harm suffered.2
In order to succeed in an actio iniuriarum claim, the plaintiff must prove that the
defendant's conduct was unlawful, intentional, and caused harm to the plaintiff's
personality. In the case of defamation claims, for example, the plaintiff must prove that
the defendant published a false statement about the plaintiff which caused harm to the
plaintiff's reputation.
The courts have developed several factors to be considered when assessing damages
in an actio iniuriarum claim. These include the gravity of the harm suffered, the nature
and extent of the plaintiff's suffering, the conduct of the defendant, and the social status
of the parties involved.
One significant case in which the actio iniuriarum remedy was applied is the case of
Jansen van Vuuren v Kruger. In this case, the plaintiff claimed damages for the
defendant's defamation of her character, which had caused her grave emotional
suffering and loss of income. The court held that the defendant had acted maliciously
and awarded the plaintiff significant damages.3
Overall, the actio iniuriarum remains an important remedy for personality injury claims in
South African law, providing individuals with a legal mechanism to seek redress for
harm suffered to their reputation, dignity, or emotional well-being.
2
Visser P J and Potgieter J M, ‘Law of damages’ 32.
3
Visser P J and Potgieter J M, ‘Law of damages’ 517.
