Defamation in Tort Questions and Answers

Q: In case of defamation, which of the following is not required to be proved by defend plaintiff ?

The plaintiff need not prove that the statement was expressly communicated to the plaintiff.To succeed in an action for defamation, the plaintiff must prove that the statement was defamatory, that it referred to the plaintiff, and that it was published, that is, communicated to at least one person other than the plaintiff. Defamation protects reputation, which is the estimation in which others hold a person, so the essential communication is to a third party.A statement made only to the plaintiff, with no one else hearing or reading it, is not defamation at all. Communication to the plaintiff is therefore neither necessary nor sufficient, which is why it is the element not required.

In case of defamation, which of the following is not required to be proved by defend plaintiff ?

A.The statement is expressly communicated to plaintiff
B.The statement must be defamatory
C.The statement must be refer to the plaintiff
D.The statement must be published

Exam Year(s)

MH SET - 2018, SET Exam - 2018,

Answer: A

The plaintiff need not prove that the statement was expressly communicated to the plaintiff.

To succeed in an action for defamation, the plaintiff must prove that the statement was defamatory, that it referred to the plaintiff, and that it was published, that is, communicated to at least one person other than the plaintiff. Defamation protects reputation, which is the estimation in which others hold a person, so the essential communication is to a third party.

A statement made only to the plaintiff, with no one else hearing or reading it, is not defamation at all. Communication to the plaintiff is therefore neither necessary nor sufficient, which is why it is the element not required.

Discuss in Forum

Which of the following statement is true ?

1. Under English Law Libel is actionable per-se.
2. Under Indian Law ‘Libel’ as well as Slander are actionable per-se.
3. Under English Law, only ‘Libel’ is a crime.
4. Under Indian Law both ‘Libel’ and ‘Slander’ are crime.

A.1, 2 and 3 are correct.
B.1, 2, 3 and 4 are correct.
C.2, 3 and 4 are correct.
D.1, 3 and 4 are correct.

Exam Year(s)

UGC NET - 2012,

Answer: B

All four statements are correct on the key. In English law libel, the written form of defamation, is actionable per se, without proof of special damage, while slander usually needs special damage. In Indian law both libel and slander are actionable per se. In English law only libel can be a crime, and in India defamation under section 499 of the Penal Code covers both words spoken and written, so both libel and slander are crimes. So all four are correct. The answer is that 1, 2, 3 and 4 are correct.

Discuss in Forum

Assertion (A) : If a person speaks ill of the business which X is doing, it amounts to defamation.

Reason (R) : Slander is actionable per se.

A.Both (A) and (R) are true and (R) is the correct explanation of (A).
B.Both (A) and (R) are true but (R) is not the correct explanation of (A).
C.(A) is true but (R) is false.
D.(A) is false but (R) is true.

Exam Year(s)

UGC NET - 2012,

Answer: C

The assertion is true and the reason is false, which is option C. Speaking ill of the business of another may amount to defamation, because words that are calculated to disparage a person in his office, profession, trade or business are actionable without proof of special damage. But slander, as a rule, is not actionable per se; it needs proof of special damage, with exceptions such as imputation of crime, unchastity of a woman, loathsome disease and disparagement in business. So the reason, as a general statement, is false. Options A and B take it as true, and option D calls the assertion false.

Discuss in Forum

Loading…

Defamation in Tort Questions and Answers

Topics

Other Subjects

About Us

Defamation in Tort Questions and Answers

Topics

Other Subjects

About Us

Stay informed about all important Dates & Notifications