Defamation in Tort

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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
    • 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
    • Remedies
      • Def Act 1996 SS 2-4: Offers of Amends
  • 1. Imputing a criminal offence

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