/Knowledge centre

Negligence, Duty Of Care & Breach Thereof

ADV. LOUIS NEL What is this so-called, mystical  'Duty of Care'? It is inherent in the definition of negligence but the 'duty' element merits a more detailed discussion.   So how does liability arise?  Liability can be linked to [...]

Negligence, Duty Of Care & Breach Thereof2019-03-28T12:51:40+02:00

Material (‘Matter’) Must Be Defamatory

ADV. LOUIS NEL So far I’ve dealt with the following requirements in order to prove defamation: (1) reference to the plaintiff; (2) publication; (3) intention & wrongfulness. The next requirement is that the statement/publication must be defamatory i.e. it [...]

Material (‘Matter’) Must Be Defamatory2019-02-28T11:50:25+02:00

Wrongful (‘Unlawful’), Blameworthy, Fault & Public Policy

ADV. LOUIS NEL Having established intention, what is the next requirement? The following has to be established in order to determine whether or not we are dealing with defamation, but, as you will see from this chapter, the plaintiff [...]

Wrongful (‘Unlawful’), Blameworthy, Fault & Public Policy2019-01-30T08:37:41+02:00

Intention to Defame (Animus injuriandi) 

ADV. LOUIS NEL    This is a challenging requirement and much debated. It would seem that the courts will sometimes go beyond intention and find that negligence or at least recklessness is adequate, IF it is done in such [...]

Intention to Defame (Animus injuriandi) 2018-11-27T10:41:59+02:00

WHAT MUST BE PROVED & WHO HAS TO PROVE IT (BURDEN OF PROOF)?

ADV. LOUIS NEL Before I deal with the Terms & conditions (‘T&C’) e.g. Facebook, etc, I think we need to get to grips with defamation and to do so we need to ‘unpack’ (1) the definition I used in the first article, 2) potential damages (claims) and then (3) the defences. At a meeting of industry professionals I recently attended the issue of defamation was discussed and what was scary was the misconceptions bandied about: not only about what constitutes defamation but what the defences [...]

WHAT MUST BE PROVED & WHO HAS TO PROVE IT (BURDEN OF PROOF)?2018-10-31T11:34:28+02:00