Laporte v Fanchette (SCA 57 of 2011) [2013] SCCA 32 (6 December 2013)

Laporte v Fanchette (SCA 57 of 2011) [2013] SCCA 32 (6 December 2013)

Intentional utterance of words causing mental suffering is actionable under Article 1382 of the Civil Code of Seychelles, and the award of R 100,000 in moral damages is not manifestly excessive given the circumstances and the trial judge's discretion.

Citation
[2013] SCCA 32
Parties
Respondent: Laporte; Appellant: Fanchette
Court
Court of Appeal
Jurisdiction
Seychelles
Judgment Date
6 December 2013
Case Number
SCA 57 of 2011
Procedural Posture
Civil Appeal / Appellate Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
Delict, Moral Damages, Intentional Infliction of Emotional Distress, Freedom of Expression, Defamation
Source Language
English
Tort Law Civil Procedure Delict Moral Damages Intentional Infliction of Emotional Distress Freedom of Expression Defamation

Case Brief

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Parties

Laporte

Respondent

Fanchette

Appellant

Procedural Posture

Civil Appeal / Appellate Judgment

Legal Issues

  1. 1 Whether insulting or abusive language causing mental suffering is actionable under Article 1382 of the Civil Code of Seychelles
  2. 2 Whether the award of R 100,000 in moral damages was manifestly excessive

Ratio Decidendi

Intentional utterance of words causing mental suffering is actionable under Article 1382 of the Civil Code of Seychelles, and the award of R 100,000 in moral damages is not manifestly excessive given the circumstances and the trial judge's discretion.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed
  • Costs awarded to respondent