Explain the nature and application of the actio iniuriarum

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Case Study: 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.

Questions:

(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.

(b) Further discuss the reasons put forward by the Constitutional Court in this case, why Constitutional damages should not always be preferred in personality injury claims. Cite relevant paragraphs of this case and other legal sources to support your views.

 

Reference no: EM133460402

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