Friday 13 May 2011

14 – Defamation

Source: Unlocking Torts

Here is the summary of this chapter:

1) The distinction between libel and slander – Libel is permanent and actionable per se and slander is not (it is actionable perse only in few cases)

2) The elements of defamation – (a) The statement must be defamatory (b) the statement refers to the claimant (c) it has been published

3) Defences – (a) Justification (b) Fair comment (c) Absolute privilege (d) Qualified privilege (e) Innocent publication (f) Consent

4) Remedies – (a) Injunction (b) Damages

5) Interaction of this tort with privacy, confidentiality and human rights

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