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7 Cards in this Set
- Front
- Back
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Defamation |
The tort of defamation is designed to protect a person's reputation from one's statements whether oral or written. It is a generally owed duty. |
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Subdivisions of Tort Law |
(i) libel (ii) slander |
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Libel |
Libel is a defamatory statement in a permanent form (written words) defined by section 3 of the defamation act. It includes words written in newspapers, letters, notices, web pages, email, etc. |
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Slander |
Slander is a defamatory statement in a transient form. This is primarily by means of spoken words or gestures. |
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Action per se as it relates to libel |
Action per se- without proof of damage
The law presumes that damage has been caused and damages will be awarded without proof of anything else. Loss results in a further sum (special damages). |
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Action per se as it relates to slander |
With slander one must prove actual material loss to be successful. Loss of friends is insufficient. |
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Differences Between Libel and Slander |
✔ Libel is permanent, slander is transient ✔ Libel is actionable per se, slander is generally not actionable without proof of actual damage. |
