Defamation

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  • Created by: Emma13
  • Created on: 09-03-17 09:29
What is the definition of defamation?
A publication of a statement which refers to the C which would lower the claimant in the eyes of right thinking people.
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What is libel?
Libel is the permanent form of defamation (newspaper) and it is actionable per se.
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What is slander?
Slander is the transient form (spoken conversation heard by 3rd party) and needs to show tangible loss.
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What are the elements of defamation?
The words must be defamatory, the words must refer to the claimant and the words have been published.
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What is a defamatory word?
If the word lowers reputation of c, cause c to be shunned/avoided, expose c to hatred/contempt/ridicule.
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When is a statement not defamatory?
A statement is not def unless it's publication has caused or is likely to cause serious harm to the rep of C - Def Act 2013.
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What are the defences to defamation?
Truth (s2) Honest opinion (s3) matter of public interest (s4) and qualified privilege.
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What is Q.P?
Common law defence, maker under duty to make statement and recipient has interest in receiving the info - job reference.
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What can defeat Q.P?
Malice
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Other cards in this set

Card 2

Front

What is libel?

Back

Libel is the permanent form of defamation (newspaper) and it is actionable per se.

Card 3

Front

What is slander?

Back

Preview of the front of card 3

Card 4

Front

What are the elements of defamation?

Back

Preview of the front of card 4

Card 5

Front

What is a defamatory word?

Back

Preview of the front of card 5
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