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Delict [2010] ZAWCHC 578

Isaacs v Kearns and Another (10280/10)

Isaacs v Kearns and Another (10280/10) [2010] ZAWCHC 578 (26 November 2010)

The court found that both defendants unlawfully infringed the plaintiff's dignity and reputation. The first defendant's indecent exposure and the second defendant's verbal abuse were intentional and public, causing the plaintiff emotional distress and reputational harm. The plaintiff's subjective feelings of humiliation and the objective lowering of her esteem in the community were established. The court exercised its discretion to award damages of R15,000.00 against each defendant, referencing comparable awards in recent case law. The nature and seriousness of the infringement justified the…

  • Iniurarium
  • Dignity Infringement
  • Defamation
  • Solatium
  • Personality Rights
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