Flashcards
Defamation
Flashcards do conjunto (6)
- 1LibelUntrue statement in permanent form
- Actionable per se - 2Slander- Untrue statements in transient form
- Usually verbal but can be gesture
- Actionable only on proof of special damage - 3Winfield and Jolowicz about defamationDefamation is the publication of a statement which reflects on a person's reputation and tends to lower him in the estimation of right-thinking members of society generally or tends to make them shun or avoid him.
- 4Elements of defamation1. Statements must be defamatory
2. It must refer to the claimant
3. It must be published - 5Meaning of defamatory1. Statement is untrue
2. It tends to lower a person in the eyes of right-thinking members of society - 6When is Slander actionable per se?1. imputation is that the claimant has committed a criminal offence punishable with imprisonment on the first conviction.
2. Is of unchastity or adultery on the part of a woman or a girl. (slander of women act 1981)
3. Contagious or infectious disease
4. Words impute unfitness, dishonesty or incompetence.
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- FlashCards sobre Defamation, criado por Zachary See em 22-05-2018.
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- Zachary See
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