modified test - civil law Flashcards
negligence
the failure to take reasonable care. A person is obliged to take reasonable care in regard to other people, where it is reasonably foreseeable that other people could be harmed by their actions.
key principles of negligence
- the person who was negligent owed a cut of care
- duty of care was breached
- breach caused loss/damage
- wronged person suffered loss/damage
defamation
aimed at protecting the character of individuals against attempts to discredit their standing within the eyes of the community
Key principles of defamation
- statement is defamatory
- statement refers to the plaintiff
- communicated to third party
list the defences of defamation
- justification
- contextual truth
- absolute privilege
- publication of public documents
- fair report proceedings of public concern
- qualified privilege
- honest opinion
- innocent dissemination
- triviality
justification
when substantially true
contextual truth
when number of statements are made but the plaintiff does not object to all
absolute privilege
statement was published in relation of parliament, courts, unions and tribunals + communication of husband and wife
qualified privilege
when defendant acts w/o malice and acts reasonably when plaintiff conducts action
honest opinion
an expression of his/her opinion
innocent dissemination
when people unknowingly distribute e.g. printing company
triviality
when publisher can show plaintiff is unlikely to be named in publication
developing or avoiding earlier precedents
Reversing
Overruling
Distinguishing
Disapproving
Reversing
when the dame case is taken to a higher court, the appealed decision can be changed a reversed precedent
Overruling
precedent overruled by higher court in a different case
