Defamation in Tort
- Created by: cephillips
- Created on: 11-05-14 14:02
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- Defamation
- Libel, unlike slander, is actionable per se. Therefore the C does not have prove damage in an identifiable way
- 4 types of Slander are actionable per se:
- 1. Imputing a criminal offence
- 2. Imputing a contagious disease
- 3. Imputing unfitness in office/calling
- 4. Imputing a lack of chastity
- 4 types of Slander are actionable per se:
- 2 Preliminary Questions
- 1. Locus Standii - standing to sue.
- Public Bodies cannot sue - Derbyshire CC v Times News [1993]
- Corporations can sue - McDonalds v Steel and Morris [1997]
- Universities can sue - Duke v University of Salford [2013]
- 2. Is there serious harm?
- S1 Defamation Act 2013
- A statement is not defamatory unless it's publication has caused or is likely to cause serious harm to the reputation of the Claimant
- S1 Defamation Act 2013
- 1. Locus Standii - standing to sue.
- Remedies
- Def Act 1996 ** 2-4: Offers of Amends
- Libel, unlike slander, is actionable per se. Therefore the C does not have prove damage in an identifiable way
- 1. Imputing a criminal offence
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