Skubarra Posted January 26, 2016 Share Okay, simple facts... You made an unlawful statement. Why do you say it's unlawful? He made a simple observation. Nothing untrue in his observation. “So, theres a SA pro, who, since his partner got busted for EPO in 2012, suddenly hasn’t been performing. Make me wonder...” There might have been a perfectly valid reason for the drop in performance which KE could have explained (or he could have just ignored the tweet) In hindsight the response to that tweet is far more telling than the "veiled" accusation in the tweet N-I-N-J-A and EmptyB 2 Link to comment Share on other sites More sharing options...
intern Posted January 26, 2016 Share Uncontested. No, untested. On the basis of it not being tested, nobody can make a claim as to the statement's status in law unless it is tested by the law. That it is uncontested means just that it will not be tested and therefore claiming it is lawful or unlawful is entirely mooooooot. Extra Os for you ous. Link to comment Share on other sites More sharing options...
fandacious Posted January 26, 2016 Share on the legal angle - it possible it could have been considered fair comment Fair comment – This defence differs from the truth defence in that the basis of this defence is the fact that a comment or opinion exists. This defence therefore protects the right of a citizen to honestly express his genuine opinion intern 1 Link to comment Share on other sites More sharing options...
BarHugger Posted January 26, 2016 Share Alt login? Can't help yourself again? Smug is as smug does....."And you guys are partners in which law firm? ".......quite similar to making comments about KE at the time and not expecting a backlash..... Link to comment Share on other sites More sharing options...
BarHugger Posted January 26, 2016 Share on the legal angle - it possible it could have been considered fair comment Fair comment – This defence differs from the truth defence in that the basis of this defence is the fact that a comment or opinion exists. This defence therefore protects the right of a citizen to honestly express his genuine opinionWith the fine line of defamation....I think Penny Sparrow and Vulaphi Khumalo also learnt this the hard way.... Link to comment Share on other sites More sharing options...
jcza Posted January 26, 2016 Share Smug is as smug does....."And you guys are partners in which law firm? ".......quite similar to making comments about KE at the time and not expecting a backlash..... With all due respect, you're the last person I would ask for legal advice or any advice for that matter. Link to comment Share on other sites More sharing options...
intern Posted January 26, 2016 Share Why do you say it's unlawful? He made a simple observation. Nothing untrue in his observation. “So, theres a SA pro, who, since his partner got busted for EPO in 2012, suddenly hasn’t been performing. Make me wonder...” There might have been a perfectly valid reason for the drop in performance which KE could have explained (or he could have just ignored the tweet) In hindsight the response to that tweet is far more telling than the "veiled" accusation in the tweetThis is why testing the statement could have proved interesting. However, had I been slapped with a lawyer's letter, which it must be said, is nothing more than a lawyer's letter, I too would have gone, 'ah stuff it' and deleted a few tweets and carried on with my life. Would middle class folk in SA really get a couple hundy thousand rondt together to klap handbags at dawn over something like that? Not a freakin chance, most are too sensible and know better than to engage in something financially draining and which will deliver scant reward beyond a hearty 'I told you so'. The gamble is worth it for the dodgy operator though...it is a game of chicken, if you blink first and fast, guess what, everyone wins. Unless you are DIRECTLY interested in some good old vengeance, it just isn't worth it.You okes who have had divorces should know full well what it means to get The Law involved. Proves PDQ that it is not an ass, it is an EXPENSIVE ass. And nobody likes that kind of ass... Danger Dassie, DJR, Harryn and 2 others 5 Link to comment Share on other sites More sharing options...
fandacious Posted January 26, 2016 Share With the fine line of defamation....I think Penny Sparrow and Vulaphi Khumalo also learnt this the hard way.... If i came out back then and said "hey everyone kevin evans is a doper" then sure. but thats NOT what i said. I said “So, theres a SA pro, who, since his partner got busted for EPO in 2012, suddenly hasn’t been performing. Make me wonder...” that would most definitely be fair comment SwissVan 1 Link to comment Share on other sites More sharing options...
intern Posted January 26, 2016 Share Smug is as smug does....."And you guys are partners in which law firm? ".......quite similar to making comments about KE at the time and not expecting a backlash.....Flip here was me thinking that was a joke... Showtime and Mousea 2 Link to comment Share on other sites More sharing options...
BarHugger Posted January 26, 2016 Share With all due respect, you're the last person I would ask for legal advice or any advice for that matter. Did you honestly not expect a backlash ?It is the very same thing we are discussing and now you want to come across as the victim.....but I agree with you....I am not your man...I am on a very different career path..... Link to comment Share on other sites More sharing options...
BarHugger Posted January 26, 2016 Share If i came out back then and said "hey everyone kevin evans is a doper" then sure. but thats NOT what i said. I said “So, theres a SA pro, who, since his partner got busted for EPO in 2012, suddenly hasn’t been performing. Make me wonder...” that would most definitely be fair commentBut that very same comment led to a barrage of tweets ....yes/no ? Link to comment Share on other sites More sharing options...
BarHugger Posted January 26, 2016 Share Flip here was me thinking that was a joke...One never knows....it's the web.... Link to comment Share on other sites More sharing options...
jcza Posted January 26, 2016 Share Did you honestly not expect a backlash ?It is the very same thing we are discussing and now you want to come across as the victim.....but I agree with you....I am not your man...I am on a very different career path..... Are you joking me? Me victim? No I'm not a victim of anything, thanks for caring. intern 1 Link to comment Share on other sites More sharing options...
fandacious Posted January 26, 2016 Share But that very same comment led to a barrage of tweets ....yes/no ? To be honest i think there maybe 6 tweets in total. I honestly cant recall. maybe @jules can help out here. brandon els' tweets - now theres a different story Link to comment Share on other sites More sharing options...
intern Posted January 26, 2016 Share If i came out back then and said "hey everyone kevin evans is a doper" then sure. but thats NOT what i said. I said “So, theres a SA pro, who, since his partner got busted for EPO in 2012, suddenly hasn’t been performing. Make me wonder...” that would most definitely be fair commentWell, you can now legitimately say, 'hey everyone, Kevin Evans is a doper'. Timing is, as always, everything. Patchelicious, Captain Fastbastard Mayhem and fandacious 3 Link to comment Share on other sites More sharing options...
fandacious Posted January 26, 2016 Share Timing is, as always, everything. thats what she said intern and Patchelicious 2 Link to comment Share on other sites More sharing options...
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