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Flashcards

Intro to Defences

James Dolton Law of Tort English 11 cards

Cards in this deck (11)

  1. 1What is the burden of proof for Defamation?Claimant must prove there is a defamatory statement.
    Then the defendant to prove the defences apply.
  2. 2What are the possible defences available?ECHR Article 10
    Truth
    Honest Opinon
    Absolute Privilege
    Qualified Privilege
    Publication on a matter of public interest.
  3. 3What are the two types of defences?Irrebuttable
    Rebuttable (claimant has the opportunity to defeat the defence once it has been proven prima facie)
  4. 4What is the Truth Defence?This is where you claim the statement you made as the defence was true.
    S2 of the Defamation Act 2013 states "It is a defence to an action of defamation for the defendant to show that the imputation conveyed by the statement complained of is substantially true".
    It is a balance of probability, only has to be substantially true.
  5. 5Alexander v North Eastern Railway Co [1865]Spent 3 weeks in prison, however, the statement was wrong as he had only been there for 2 weeks. The defence would stand because the concept of the statement was he had been to prison, it was "substantially true"
    (Look at s2(3) DA 2013)
  6. 6Williams v Reason [1988]Amateur rugby player, and there was a statement saying he had made money from a book he had made, which was false. The rules of amateur rugby is, you are not allowed to make any money.
    However, he was making money from a photograph in sponsored sportswear.
    The "common sting" was he was making money, just was stated by the wrong means of making the money.
  7. 7Bookbinder v Tebbit [1989]The burden of proof is for the defence to prove the "common sting"
  8. 8What is a disadvantage of the truth defence?The defence might not be able to prove that the statement is true. They might know that the statement is true, however, they have nothing to prove it. This is highlighted by the Jimmy Savile cases, where people had no evidence to prove that the accusations were true, thus they could have been sued for defamation during his life. That's why people waited until his life had ended
  9. 9What is the honest opinion defence?The defendant does not say the statement is true, and stated it is a mere opinion.
    This gives the person the right to voice their opinions.
  10. 10What does s3 of DA 2013 state? S3(2) Must be a statement of opinion
     S3(3) Must indicate, in general terms, the basis for the opinion
     S3(4) Must be reasonable (could an honest person hold that opinion)
     S3(5) says that if the claimant can show they had no right to make the opinion, then the defence will fail, showing this is a rebuttable offence.
  11. 11—

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Law of Tort (Defamation) Flashcards on Intro to Defences, created by James Dolton on 21/01/2018.
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James Dolton
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