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My ex wife is going around to people and telling them that

Customer Question
I am bipolar and that...
My ex wife is going around to people and telling them that I am bipolar and that is why we got divorced over a year ago. This is completely not true. She is telling untruths about my personality and telling people I want to get back together with her which is completely incorrect and lies. It is now interfering with my present relationship as she has told my current girlfriends work colleague these untruths and he is now discrediting me to her. What recourse do I have legally, is this harassment or defamation of character.

Sjeanne
Submitted: 7 years ago.Category: South Africa Law
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Answered in 7 minutes by:
7/5/2010
Lawyer: JP, Attorney replied 7 years ago
JP
JP, Attorney
Category: South Africa Law
Satisfied Customers: 1,063
Experience: General South African Law.
Verified

Good Morning.

 

This is defamation of character.

 

Definition Of Defamation

Defamation is "the intentional and wrongful publication and communication of words or behavior to a third party which has the effect objectively viewed of injuring a person or entity's reputation".

 

Elements Of Offense

  • Intention
  • Wrongfulness (lack of justification)
  • Publication (to a third party and can be either verbal or written)
  • Causation (causes)
  • Damage

The Right To A Good Name

A person's or legal entity's reputation is something that is nurtured and which generally evolves over a long period of time as a result of extreme hard work, dedication and commitment but which can be destroyed or badly damaged in an instant. Loss of reputation can ruin lives.

 

How Do Damages Work In This Instance?

The claim for damages is aimed at least in part at providing the victim of defamation with some degree of monetary compensation for the damages sustained as a result of the defamation of their character or of the corporate entity's name and reputation.
Damages are awarded in one lump (monetary) sum; the court cannot order periodic payments to be made. Furthermore, only one award can arise out of a single cause of action. It is therefore important to quantify your damages fully when formulating your claim.

 

Duty To Mitigate

You cannot claim damages for loss you could have avoided had you taken the steps a 'reasonable man' would have taken to mitigate (reduce) damages. For example if you could have stopped someone from defaming you or your company then you cannot claim for loss which you could have prevented. We will help you assess your particular situation and advise as to whether or not you have a valid claim for damages.

 

Defences To An Action For Defamation

  • Privilege
  • Truth and public interest
  • Fair comment
  • Private defense
  • Provocation
  • Consent

 

Kindly accept my answer by clicking on the accept!

 

Kind Regards

JP

Attorney

Terms and Conditions: By your continuing in this conversation with me, or by your clicking "Accept", you are expressly agreeing to all of the following: (1) our communication is for general information purposes only and to assist you to discuss legal matters with your attorney in person; (2) you are not consulting me in my professional capacity as an attorney; (3) you do not seek to establish an attorney-client relationship with me, nor do I with you; (4) you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises (5) by communicating with me in this public forum you are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed. You further separately declare that any payment made by you is not consideration for this contract, nor offered for any services rendered by me on your behalf, but is made as compensation for the obtaining as general legal information for further discussion with your attorney .If you do not agree with these terms and conditions, then you must advise me immediately.

 

JP
JP, Attorney
Category: South Africa Law
Satisfied Customers: 1,063
Experience: General South African Law.
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