Knowledge centre

/Knowledge centre

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 [...]

CONSEQUENCES & DAMAGES2019-05-30T09:13:20+02:00

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 [...]

Social Media Consequences: Damages2019-04-30T08:42:15+02:00

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