Chapter

The Protection of Personality Rights

Jonathan M. Burchell

in Southern Cross

Published in print November 1996 | ISBN: 9780198260875
Published online March 2012 | e-ISBN: 9780191682162 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198260875.003.0020
The Protection of Personality Rights

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The actio iniuriarum became the general remedy for aggressions upon person, dignity, and reputation long before the time of Justinian. This chapter on the development of the action on South African soil uses this hallowed distinction between impairments of reputation (the law of defamation), impairments of dignity (including invasions of privacy, unlawful arrest, and malicious prosecution), and impairments of person. Since, however, in physical injury cases the plaintiff is usually protected by the principles of Aquilian liability (as far as patrimonial loss is concerned) as well as by an action for pain and suffering, the discussion focuses on the first two types of injuries.

Keywords: South African law; law of defamation; impairments of dignity; invasion of privacy; unlawful arrest; malicious persecution

Chapter.  7494 words. 

Subjects: History of Law

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