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6 Cards in this Set
- Front
- Back
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To be defamatory words must be |
capable of being defamatory ordinary, intelligent and jnbaised persons would understand them as an allegation of dishones and dishonorable conduct |
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Intention as it Relates to Defamation |
The intention of the person making the defamatory statement is irrelevant. *Cassidy v Daily Mirror Newspapers* |
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Two types of Innuendo |
✔ true or legal innuendo ✔ false or popular innuendo |
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True of Legal Innuendo |
These are words which are innocent on their face but which are defamatory because of special circumstances *cassidy v daily mirror newspapers* |
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Cassidy v Daily Mirrors Newspaper |
Thr newspaper captioned an image 'Mr.C and Miss X whose engagement has been announced'. Those wrds were completely innocent on their face. However Mr. C was married and living with Mrs. C, Mrs.C was able to prove that the caption was defamatory because it would lead people to believe she was imorally cohabiting with him. |
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False or Popular Innuendo |
This is a defamatory inference that reasonable persons might draw from the words themselves. |
