Ben owns a finance company (Inverted Eclipse Pty Ltd) which is a registered financial service provider. Inverted Eclipse Pty Ltd provides financial assistance to purchasers and lessees of solar panel systems. On 1 April 2024, Pretoria Press, a newspaper based in Hatfield, Pretoria, published a defamatory article accusing Ben of "cheating on solar panel systems", as well as accusing Ben of conducting his business in an illegal and criminal manner and arbitrarily repossessing these inverter systems. As Ben's legal representative, you advise Ben that he will be able to claim damages for patrimonial loss based on the Aquilian action.

1.1. Advise Ben on how (e.g., with what action) he will claim non-patrimonial damages for the defamation. You need not discuss the requirements for the action. Refer to relevant case law. (2)

1.2. A variety of factors must be considered to make an assessment of damages in defamation cases. List some of the factors that will be considered by the court. (3)

1.3. Suppose that Pretoria Press published an adequate apology on 2 April 2024 (one day after publishing the defamatory article). Answer the following questions: What is an "adequate apology", and will this factor impact the award for damages? (3)

1.4. Will the apology of Pretoria Press still be adequate if it was published on 5 December 2024? (1)

1.5. Ben has an identical twin brother, Thomas. Thomas is an exotic dancer at ExoDancers. As a result of the defamatory article published by Pretoria Press, Thomas was erroneously mistaken for Ben, and arrested and detained by SAPS on 1 April 2024. On what ground(s) and with what action will Thomas be able to claim nonpatrimonial damages?