ACTION FOR INIURIARUM

Question 1

Definition

Answer 1

An action to remedy against a wrongful act, committed intentionally and which violate real rights related to the personality of another.

Question 2

Requirement(s)

Answer 2

1. An intention on the part of the offender to produce the effect of his act, i.e. animus iniuriandi
2. combined with an overt act that the person doing is not legally competent to do
3. constituting an aggression on the right of another, by which the other is aggrieved, or constituting an impairment of the person, dignity, or reputation of another..

Question 3

Harm/Loss

Answer 3

Violation of a personality interest usually classified under bodily integrity, dignity and reputation.
E.g. physical pain, psychological injury, loss of living amenities, and loss of life expectancy

Question 4

Conduct

Answer 4

Positive act, omission or statements

Question 5

Causation

Answer 5

Not normally an issue but pay attention to requirements of infringement to personality, privacy, etc.

Question 6

Fault

Answer 6

Usually intention however developments may have allowed for negligence in instances of defamation involving media.

Question 7

Wrongfulness

Answer 7

Criterion for reasonableness