Comprehensive first class Tort Law PQ notes from University College London (2010/2020). Notes include concise case summaries, key reasonings to reconcile conflicting case law and detailed answer outlines to problem questions
a. Definition
Tort of strict liability, aims to protect claimant’s reputation
Requirements
o Statement must be defamatory
o Statement must refer to claimant
o Statement must be published
Defences to defamation
o Distributors
o Truth
o Honest Opinion
o Qualified Privilege
o Absolute Privilege
b. Libel vs Slander
Libel: Permanent publications or those broadcast on stage/screen or electronic means.
No requirement to prove that claimant has suffered a loss
Slander: Transient publications which only give rise to liability if loss is proven
s.166 Broadcasting Act 1990: Defamatory words/pictures/visual images/gestures on the
radio are to be treated as libel
s.4(1) Theatres Act 1968: Publication of defamatory words during performance of a play
are treated as libel
o Exceptions in s.7(1) & (2)
bi. Slander – Requirement of Special Damage
2 exceptions to this
o Imputation of Unfitness in Business/Incompetence (s.2 Defamation Act 1952)
o Imputation of criminal conduct
, Defamation
Thorley v Lord Kerry
o Distinguished spoken words as slander, written words as libel
o Court saw not principled justification but felt compelled to accept it due to precedent
o Criticism: May not accurately reflect damage caused words spoken infront of a large
group of people vs a written article only read by a few
Gray v Jones
o Held that slander was actionable where the defendant had said to the claimant ‘you
are a convicted person’
c. Requirement 1: Statement must be Defamatory
Definition: Statement which tends to lower a person’s standing amongst right-thinking
people which has caused or is likely to cause serious harm to that person’s reputation.
Monson v Tussauds
o Held that statues/wax works/caricature/ signs/pictures constitutes defamatory
statement
Lachaux
o Does not require every single person who sees statement to understand defamatory
meaning, just a tendency for someone who sees it to understand
o Tendency reflects inherently injurious nature of statement
Berkoff v Burchill
o Reviewer called Berkoff ‘notoriously hideous’ B sued for defamation
o Held that statement was defamatory because he was an actor/playwright and public
performance was essential to his livelihood emphasised the importance of his
profession
o Dissent: Millett LJ: People must be allowed to poke fun at one another without fear of
litigation it is one thing to ridicule a man, but another to expose him to ridicule
Youssoupoff v Metro
o Allegations that C is misfortunate (madness, disease, rape) can constitute defamation
because others would socially exclude C through pity/moral judgment
ci. Right Thinking People
Definition of ‘right thinking’ people from Sim v Stretch
Byrne v Dean
o C was a member of a golf club with Illegal gambling machines C alerted police
o Someone posted a poem accusing C of being the snitch caused him to feel ostracized
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