CONSEQUENCES & DAMAGES
ADV. LOUIS NEL By now we know that the main culprit (usually!) is the party how pronounces the dreaded words verbally, in writing or by gesture, etc. We also know that the party using social media who 'repeats'/shares it [...]
Social Media Consequences: Damages
ADV. LOUIS NEL DAMAGES Social media use has led to numerous lawsuits both in South Africa and abroad. In the UK, Chris Cairns, a New Zealand cricketer, won a lawsuit against Lalit Modi, the former chairman of the Indian [...]
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 [...]
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 [...]
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 [...]