Injurious Falsehood

Question 1

What is Injurious Falsehood?

Answer 1

Injurious falsehood protects people and businesses from suffering economic loss caused by false and malicious statements made about them.

Question 2

Injurious Falsehood Cont’d

Answer 2

The tort of injurious falsehood or malicious falsehood or malicious publication arises when a defendant leads other persons to act in a manner that causes actual loss or damage or other expenses to the plaintiff resulting from the making of an erroneous, false or wrongful or malicious publication.

Question 3

ELEMENTS OF INJURIOUS FALSEHOOD

Answer 3

a. The defendant intentionally or knowingly made false statements disparaging plaintiff goods, business, or property.
b. The statements were published to third parties.
c. The defendant statements were the cause of the harm suffered by the plaintiff.
d. The plaintiff suffered special damages or actual economic and business losses.

Question 4

TYPES OF INJURIOUS FALSEHOOD

Answer 4

a. Slander of Title: Such injurious falsehood portraying that the plaintiff does not carry or lacks requisite authority to carry out a particular trade, business or profession or is not authorised to deal in a particular business or lacks credibility in business or profession that is indicative of a slander of title.
b. Slander of goods & Title/Trade Libel: Trade libel, on the other hand. Refers to situations or circumstances where a defendant’s false statements or disparaging statements against the plaintiff affects or targets the quality or efficiency or competence of a plaintiff in his profession or as to the plaintiff’s goods in a particular business. If such statements ultimately discourage the plaintiff’s customers from patronising the plaintiff or undermines the brand,
that can be described or denoted as slander of goods or trade libel.
c. Slander of Goods. When a defendant defames or disparages the quality of plaintiff’s goods as to discourage patronage.

Question 5

DEFENCES FOR INJURIOUS FALSEHOOD

Answer 5

a. Justification
b. Absolute privilege
c. Legislative immunity

Question 6

REMEDIES FOR INJURIOUS FALSEHOOD

Answer 6

a. Damages
b. Restitution
c. Account for profit or loss of sales
d. Injunction
e. Government regulatory intervention, eg. NAFDAC, SON, etc.