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| wrongful act or omission for which (monetary)damages can be obtained in the civil court by the person wronged other than a wrong that is only a breach of contract. |
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| mainly concerned with providing the compensation for personal injury and property damage caused by negligence. |
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| Law of Tort protects against |
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| defamation, assault, false imprisonment, coversion and trespass, nuisance, intimidation, conspiracy, passing of |
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Main: an action for damages;
but in some cases an injunction can be obtained to prevent repetition of the injury |
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| a defamatory statement made in permanent form, such as writing, pictures or film |
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| actionable in tort without proof that its publication has caused special damage (actual financial or material loss) to the person defamed. |
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| Libel can be also a crime. Proof of publication of the statement to third parties is not necessary in criminal libel. |
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| Truth is a defence only if the statement was published for the public benefit. |
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| 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 |
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| Defamation in permanent form |
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| defamation in non permanent form, made by such means as spoken words or gestures. |
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| 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. |
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| 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. |
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| false statement, made maliciously, that impugns a vendor's title to sell property. It is a form of malicious falsehood. |
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| 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. |
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| Proof in the Defamation by Innuendo |
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| 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. |
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| whether reasonable person would think that the statement refers to the claimant |
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| the defendant may escape liability for unintentional defamation by making the offer of amends (apology). |
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| justification, fair comment absolute privilege and qualified privilege. |
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| 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. |
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