Laws of Delict and Defamation
It may be viewed as an unlawful and blameworthy act which causes damage to another person’s persona. Elements of a delicate before a court will grant damages are: Act of conduct: The plaintiff must prove that the defendant made a false representation Wrongfulness: which he knew to be false Damage: the plaintiff must have suffered, or be likely to suffer loss Causality: because of the false representation Fault: the defendant must have intended to cause the plaintiff such loss There are different types of delicate, but for this assignment, we will be focusing on defamation.
When all 5 elements are present, we are dealing with a delicate. In the case of defamation, the type of conduct prohibited is the publication of defamatory material. The delicate of defamation is the unlawful publication, anima unmarried, of a defamatory statement concerning the complainant. A statement is defamatory if it has the effect Of injuring a plaintiffs reputation. The reputation of the complainant is injured if the statement tends to lower the plaintiff in the estimation of right-thinking members of society.
The elements of the delicate can therefore be summarized as the unlawful or wrongful publication, anima unmarried, of a defamatory statement concerning the plaintiff. Once a plaintiff establishes that a defendant has published a effeminate statement concerning him or herself, it is presumed that the publication was both unlawful and intentional. Defamation can be defined as the publication of words or behavior concerning a person that tends to injure the good name of that person, with the intention of injuring that person and without grounds of justification.
Defamation is the part of law that aims to protect individuals’ rights to their reputation. The right to a reputation, or a good name, is enshrined in the constitution of South Africa. Defamation is committed when one person commits an intentional and roomful publication or communication of words or behavior to a third party which has the effect of injuring a person’s reputation. Defamation is one of the oldest offences in law and usually results in the payment of compensation to the injured party if proven.
PERSON X On the grounds of negligence, person X may institute proceedings for defamation against the museum. All elements are present in this case. Even though the wax figure of X was placed accidentally, the exhibition was displayed to the masses and irreversible perceptions of person X may already eave been formed by the people. Act of conduct Was it negligence or the failure to take action that caused the accident or damages, or was it a willful, positive action. Person X was a victim of assault but was displayed amongst murderers in the museum.
Wrongfulness The conduct under the microscope should be viewed as totally reprehensible by the community at large. Person X may have lost the respect of community members at large. Damage The conduct must have resulted in loss or harm to the claimant. Person X may have lost his right to his good name. Causality. The conduct under scrutiny must have caused damages, but if the consequences of the action were too remote to have been foreseen by a reasonable, objective person, then the defendant will escape liability.
The wax figure was a clear representation of person X The South African law of delicate engages primarily with “the circumstances in which one person can claim compensation from another for harm that has been suffered. The Law of Delicate has been regulated and there are basically five elements that have to be scrutinized and accepted by the courts before the claimant is successful.
