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20 Cards in this Set

  • Front
  • Back
Tort
wrongful act or omission for which damages can be obtained in the civil court by the person wronged other than a wrong that is only a breach of contract.
Law of Tort
mainly concerned with providing the compensation for personal injury and property damage caused by negligence.
Law of Tort protects against
defamation, assault, false imprisonment, coversion and trespass, nuisance, intimidation, conspiracy, passing of
Remedy for Tort
Main: an action for damages;
but in some cases an injunction can be obtained to prevent repetition of the injury
Libel
a defamatory statement made in permanent form, such as writing, pictures or film
Libel Action
actionable in tort without proof that its publication has caused special damage (actual financial or material loss) to the person defamed
Criminal Libel
Libel can be also a crime. Proof of publication of the statement to third parties is not necessary in criminal libel.
Libel Defence
Truth is a defence only if the statement was published for the public benefit.
Defamation
the publication of a statement about a person that tends to lower his reputation in the opinion of right-thinking members of the community or to make them shun or avoid him
Defamation in permanent form
Libel
Slander
defamation in non permanent form, made by such means as spoken words or gestures.
Slander is actionable on
the proof that its publication has caused special damage (actual financial or material loss), not merely loss of reputation. Proof of special damage is not necessary when the slander implies the commission of a criminal offence punishable by imprisonment, infection by a contagious disease, unchastity in a woman, or is calculated to disparage a person in his office, business, trade, or profession.
Slander of Goods
a false statement, made maliciously, that disparages the quality of goods manufactured and sold by the claimant. A form of the tort of malicious falsehood.
Slander of Title
false statement, made maliciously, that impugns a vendor's title to sell property. It is a form of malicious falsehood.
Proof of Defamation
the basis of the tort is injury to reputation so it must be proved that the statement was communicated to someone other than the person defamed.
Proof in the Defamation by Innuendo
if the statement is not obviously defamatory, the claimant must show that it would be understood in the defamatory sense (not necessarily by the wider public but rather the certain part of the public that posses prior, or specialised knowledge). It is not necessary to prove that the defendant intended to refer to the claimant.
Test for Defamation
whether reasonable person would think that the statement refers to the claimant
Unintentional Defamation
the defendant may escape liability for unintentional defamation by making the offer of amends (apology).
Defences from Defamation
justification, fair comment absolute privilege and qualified privilege.
Absolute Privilege
the defence that a statement cannot be made that subject of an action for defamation because it was made in Parliament, in papers ordered to be published by either House of Parliament, in judicial proceedings or a fair and accurate newspaper or broadcast report of judicial proceedings, or in an official communication between certain officers of state, reporting proceedings of the European Court of Justice. Under certain circumstances defined by the Defamation Act 1996 the absolute privilege can be waved to permit the evidence to be adducted in an action for defamation.