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Principle: a Libel is a Publication of a False and Defamatory Statement Tending to Injure the Reputation of Another Person Without Lawful Justification Or Excuse. -

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Question

Principle: A libel is a publication of a false and defamatory statement tending to injure the reputation of another person without lawful justification or excuse. Slander is a false and defamatory statement by spoken words or gestures tending to injure the reputation of another.

A wrote a letter to B calling him a cheat. B's clerk C opened the letter, as he normally did (a fact which was known to A) and placed it on B's table. B alleges that A has committed libel

Options

  • B will succeed since A has published a defamatory statement against A

  • B will not succeed because it was not written in a newspaper

  • B will not succeed because everyone knew that A was a cheat

  • B will not succeed since A did not follow up the letter with a speech

MCQ

Solution

B will succeed since A has published a defamatory statement against A

Explanation:

The offensive word was written and defamatory. As the clerk reads the letter it is considered to be published and the libel is complete. The statement in the letter calling a person cheat is offensive. Therefore, "B will succeed since A has published a defamatory statement against A" is correct.

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Law of Torts (Entrance Exams)
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