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Law Of Tort S2 > Ingredients Of Defamation > Flashcards

Ingredients Of Defamation Flashcards

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1
Q

Ingredients

A

Defamatory
Statement may refer to C
Statement must be published

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2
Q

Defamation is lowering a person’s reputation in the estimation of right- thinking people

A

Sim v Stretch

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3
Q

Causing a person to be shunned and avoided

A

Youssoupoff v MGM

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4
Q

Exposing a person to hatred, contempt or ridicule

A

Parmiter v Coupland

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5
Q

Implies failings in professional trade

A

Drummond-Jackson v British Medical Assoc.

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6
Q

Not judged by intention but by impact on right-thinking member of society

A

Hartt v Newsgroup Newspaper Publishing

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7
Q

Courts not concerned about what a section of society will think

A

Byrne v Dean

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8
Q

Homosexuality can still be defamatory

A

R v Bishop

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9
Q

Statement need not impute immorality

A

Youssoupoff v MGM

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10
Q

Derision of appearance is defamatory

A

Berkoff v Burchill

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11
Q

Defamation distinguished from words of abuse

A

Hillard v Constable

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12
Q

True innuendos capable of beating the alleged meaning to a reasonable person on the particular facts

A

Tolley v JS Fry and Sons Ltd

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13
Q

D intent as to statement irrelevant

A

Hulton & Co v Jones

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14
Q

Sloppy reporting irrelevant

A

Newstead v London Express Newspaper Ltd

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15
Q

Photo likeness not enough for liability

A

O’Shea v MGN

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16
Q

Must be pointer to C in a group

A

Knuppfer v London Express Newspaper Ltd

17
Q

Small group may allow claim

A

Aspro Travel v Owners Abroad Group Plc

18
Q

D liable if reasonably foreseeable third party would see statement

A

Theaker v Richardson

19
Q

Single Publication Rule Authority

A

Loutchansky v Times Newspapers

S8 DA 2013

20
Q

When is D liable for repetition

A

Authorised/requested republication
Intended republication
Informed someone who is of moral duty to repeat
Replication was probable result

21
Q

Where is repeator liable

A

Is is an editor, author or publisher

Law Of Tort S2 (10 decks)

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