Wrongfulness: The Doctrine of Subjective Rights

Question 1

What case accepted the Doctrine of subjective rights?

Answer 1

University of Pretoria v Tommie Meyer Films

Question 2

What does it mean when a holder of a subjective right has a dual relationship?

Answer 2

Firstly it means there’s a relationship between the holder of the right (legal subject) and the particular object of the right (legal object)

Secondly, there is a relationship between the holder of the right (legal subject) and the other persons(legal subject)

Question 3

Distinguish between a subject-object relationship and a subject-subject relationship

Answer 3

A subject-object relationship provides the holder of a right with the power to use, enjoy and alienate his right

A subject-subject relationship means that the holder of a right can use his powers over a legal object against all other legal subjects

Question 4

Name the 5 classes of subjective rights and their objects

Answer 4

• real rights: physical thing
• personality rights: aspects of personality
• personal rights: performance
• immaterial property rights: aspects of human intelligence
• personal immaterial property rights: aspects of human character

Question 5

Name the two conditions that need to be met by the doctrine of subjective rights

Answer 5

• value

* independence

Question 6

Name and explain the requirements for the infringement of a subjective right

Answer 6

The first requirement is that the holder disturbed in the use and enjoyment of his right (directly/indirectly).

Second requirement is that a violation of a norm must have occurred.

Question 7

What are the facts in the Tommie Meyer V University of Pretoria case?

Answer 7

The respondent was featured in a film called “The Springbok”.

It told the story of Attie Louw, a coloured man, who passed off as a white person and studied at the University of Pretoria. He was also a rugby player in love with and dating the daughter of a springbok selector.

Attie was eventually forced to give up rugby and his girlfriend.

The UP applied for an interdict on the basis of showing the film would infringe it’s right to privacy, good name and patrimonial interests.

Question 8

What is the the legal question(s) in the Tommie Meyer v University of Pretoria case?

Answer 8

Does University of Pretoria have a right to privacy?

Question 9

What is the judgement and reasons for decision in the Tommie Meyer case?

Answer 9

Judgement= Application was refused.

Reason(s) for decisions: Actio Iniuria - such rights is not available to universities. Universities have no right of action on the ground of the infringement of a right to privacy.

Question 10

Name:

Answer 10

Doctrine of Subjective Rights