Tort Law 2 Flashcards
1
Q
What are interferences in the context of legal discussions?
A
Interferences refer to actions that disrupt or hinder the rights of individuals or entities.
2
Q
What does the term ‘trespasses’ refer to in legal terms?
A
Trespasses refer to unlawful entries onto someone’s property without permission.
3
Q
Define ‘nuisances’ in a legal context.
A
‘Nuisances’ are activities that interfere with the use and enjoyment of property.
4
Q
What constitutes harassment in legal terms?
A
Harassment involves unwanted and aggressive behavior that causes distress to another person.
5
Q
What is the significance of the case ‘Rylands v Fletcher’?
A
‘Rylands v Fletcher’ established the principle of strict liability for certain types of damages caused by hazardous activities.
6
Q
What does ‘privacy’ encompass in legal rights?
A
‘Privacy’ encompasses the right to keep personal information and activities confidential.
7
Q
What is meant by ‘invasion of privacy’?
A
‘Invasion of privacy’ refers to the intrusion into someone’s personal life without consent.
8
Q
What is ‘misuse of private information’?
A
‘Misuse of private information’ involves unauthorized use or disclosure of personal data.
9
Q
How does social media relate to privacy issues?
A
Social media often raises concerns about privacy due to the sharing and dissemination of personal information.
10
Q
What is the legal concept of ‘defamation’?
A
‘Defamation’ is a false statement that injures a person’s reputation.
11
Q
Differentiate between libel and slander.
A
Libel refers to written defamation, while slander refers to spoken defamation.
12
Q
What are the two main approaches to legal issues discussed?
A
- Precedent
- Legislation
13
Q
What is ‘freedom of speech’?
A
‘Freedom of speech’ is the right to express opinions without censorship or restraint.
14
Q
What does product liability refer to?
A
Product liability refers to the legal responsibility of manufacturers and sellers for defective products.
15
Q
What is meant by employers’ liability?
A
Employers’ liability refers to the legal obligation of employers to ensure the safety and well-being of their employees.
16
Q
How is AI related to accountability and responsibility?
A
AI raises questions about accountability and responsibility for decisions made by automated systems.
17
Q
What does reliance on machinery imply in a legal context?
A
Reliance on machinery implies that individuals or entities depend on machines, which can lead to liability issues.
18
Q
What is judicial reasoning?
A
Judicial reasoning is the process by which judges interpret laws and make decisions in cases.
19
Q
What are academic views in the context of legal discussions?
A
Academic views refer to scholarly opinions and analyses of legal principles and practices.
20
Q
What is the significance of precedent in law?
A
Precedent is the legal principle of using past judicial decisions to guide current case rulings.
21
Q
What does ‘just outcomes’ refer to in legal debates?
A
‘Just outcomes’ refer to fair and equitable results in legal decisions and processes.
22
Q
A
23
Q
What is the definition of trespass?
A
An unlawful interference with a person’s right to their land or personal integrity
Trespass can encompass various forms including intentional interferences.
24
Q
What does ‘vi et armis’ mean?
A
With force and arms
It refers to the use of force in the context of trespass.
25
What does 'contra pacem' refer to?
Against the King’s peace
## Footnote
This term relates to actions that disrupt public peace.
26
What are the three torts protecting personal integrity?
* Battery
* Assault
* False imprisonment
## Footnote
These torts overlap but have unique rules to distinguish them.
27
Define battery in the context of personal injury law.
The intentional and direct application of unlawful force to another person
## Footnote
Battery does not have to be violent or cause injury.
28
What is the definition of assault?
An intentional act that causes another person to reasonably apprehend the imminent infliction of a battery
## Footnote
Assault can occur even without a physical attack.
29
What constitutes false imprisonment?
Intentional and direct imposition of unlawful constraint on a person’s freedom of movement
## Footnote
It must be total, with no reasonable means of escape.
30
What are the common elements of trespass?
* Intentional
* Voluntary
* Subjective recklessness
* Direct
* Actionable per se
## Footnote
Negligence does not suffice for trespass claims.
31
What is required for a claim of battery?
Intentional conduct that applies unlawful force
## Footnote
The defendant must intend the application of force, not necessarily the consequences.
32
True or False: A battery must always involve physical injury.
False
## Footnote
Battery is defined as unlawful touching, which does not require injury.
33
What must a claimant demonstrate for an assault claim?
Reasonable apprehension of imminent infliction of a battery
## Footnote
The apprehension must be a direct result of the defendant's conduct.
34
What is the significance of 'imminent' in assault cases?
It means immediate
## Footnote
The threat of harm must be perceived as being about to occur.
35
What are the defenses common to all forms of trespass?
* Consent
* Necessity
* Self-defence
## Footnote
These defenses can negate liability in trespass cases.
36
What is the burden of proof in false imprisonment claims?
On the defendant to demonstrate that the detention was lawful
## Footnote
The claimant need not be aware of the restraint on their freedom.
37
Fill in the blank: In battery, the unlawful force does not have to be _______.
violent
## Footnote
Battery can occur with minor touches that are unlawful.
38
What does subjective recklessness mean in the context of trespass?
The defendant's awareness of the risk of interference with personal integrity
## Footnote
It is an important factor in determining liability.
39
Can words alone constitute assault?
Yes, but traditionally they need to be accompanied by a threatening gesture
## Footnote
The context and proximity of the words matter.
40
41
What is the definition of public nuisance?
Arises from an act which endangers the life, health, property, morals or comfort of the public or obstructs the public’s exercise or enjoyment of common rights
## Footnote
Must affect 'the public', such as a large group or community, and the interference must be unlawful.
42
What are some examples of public nuisance?
* Access to land held for benefit of community
* Quarry blasting
* Music festival
* Hoax bomb scare
* Just stop oil campaign
## Footnote
Mostly dealt with as crime under the Police, Sentencing and Criminal Courts Act 2022.
43
What are the four key elements of Rylands v Fletcher?
* Accumulation
* Non-natural use
* Escape
* Harm
## Footnote
The Claimant must have proprietary rights over the land where harm has occurred.
44
What constitutes trespass to land (TTL)?
Intentional and direct (unlawful) interference with a person’s possession of land
## Footnote
Actionable per se but causation must be established if tangible loss is claimed.
45
What must the claimant demonstrate in a trespass to land claim?
* Possession of land
* Intentional direct action
* Direct and physical interference
## Footnote
Can include crossing boundaries, remaining without permission, exceeding permission, and placing objects on someone else's land.
46
What is the definition of private nuisance?
Unlawful interference with a person’s use and enjoyment of land
## Footnote
Includes indirect interferences and requires proof of proprietary interest in land.
47
What is the difference between negligence and private nuisance?
Negligence requires fault and protects against personal injury, while private nuisance does not require fault and protects against loss of amenity
## Footnote
Private nuisance also requires proprietary interest in land.
48
What are the types of harm considered in private nuisance claims?
* Physical damage to property
* Loss of amenity
## Footnote
Personal injury is not covered under private nuisance.
49
What factors determine if an interference in private nuisance is unlawful?
* Intensity
* Duration
* Frequency
* Time of day
* Locality
## Footnote
Determined by character of area and can include sensitivity of the claimant.
50
What is the key distinction between trespass to land and private nuisance?
TTL requires some degree of possession over land, while private nuisance requires exclusive possession
## Footnote
TTL is actionable per se, whereas damages must be shown in private nuisance.
51
Fill in the blank: In private nuisance, the claimant must show that the interference is _______.
[substantial and unreasonable]
52
True or False: Private nuisance can include personal injury claims.
False
## Footnote
Private nuisance protects against loss of amenity, not personal injury.
53
54
What does S1 of the Protection from Harassment Act 1997 prohibit?
‘harassment’ of another person
## Footnote
Includes conduct that the defendant knows or should know is harassment.
55
What are the consequences of breaching S1 of the Protection from Harassment Act 1997?
Crime (s2 and 4) and Tort (s3)
## Footnote
Breaches can lead to criminal charges or civil liability.
56
What was the original purpose of the Protection from Harassment Act 1997?
Designed as a response to stalking
## Footnote
The Act has since been applied to various contexts.
57
List some contexts in which the Protection from Harassment Act 1997 has been applied.
* Sending mass emails and setting up websites
* Unjustified bills and threats of legal action
* Posting of personal information online
* Paparazzi photographers
* Bullying in the workplace
* Intimidating public demonstrations
58
What does the term 'harassment' include according to the Protection from Harassment Act?
Alarming or causing distress
## Footnote
Must involve conduct on at least 2 occasions and be inappropriate and unacceptable.
59
True or False: The defendant must intend to harass for it to be considered harassment.
False
## Footnote
The defendant need not intend to harass.
60
What is the defence for harassment under S1(3)(c) of the Protection from Harassment Act?
If harassment is ‘reasonable’ in the circumstances.
61
What does the rule in Wilkinson v Downtown state about trespass torts?
All require direct interference with the specific freedom protected.
62
Which cases confirmed the development of a ‘new’ tort for cases lacking direct interference?
* Wilkinson v Downton 1897
* Janvier v Sweeney 1919
* Wong v Parkside Health NHS Trust 2001
* George v Cannell 2024
63
What are the tort requirements for harassment established in Rhodes v OPO?
* Conduct element requiring words or conduct at the claimant for which there is no justification or excuse
* Mental element requiring intent to cause severe mental or emotional distress
* Consequence element requiring physical harm or recognised psychiatric harm
64
What is the 'but for' test in causation?
Factual causation test
## Footnote
Used to determine if the harm would not have occurred 'but for' the defendant's actions.
65
What does the legal causation involve according to Re Polemis 1921?
Direct consequences test.
66
Name a defence related to interferences with the person.
* Consent
* Necessity
* Self-defence
* Lawful justification
67
What is required for informed consent to be a defence in medical treatment?
Competent patient must give consent.
68
What does Gillick competency refer to?
The ability of a child to consent to medical treatment.
69
True or False: Implied consent exists in sports and horseplay.
True
## Footnote
Implied consent applies to contact generally acceptable in daily life.
70
What is the requirement for self-defence to be lawful?
Defendant acts out of an honest and reasonable belief of immediate threat.
71
What can justify lawful justification in legal contexts?
* Statutory authority
* Public order
* Public health
* Parental authority
72
What must be established for a nuisance claim to be defended by statutory authority?
The activity must be expressly or impliedly authorised by statute.
73
What is the time limit for a nuisance claim based on prescription?
20 years.
74
What is the significance of 'coming to the nuisance'?
It is not a defence in nuisance claims.
75
What are the remedies available for trespass?
* Injunction (all cases)
* Nominal damages if no tangible harm
* Compensation
76
True or False: Trespass is actionable per se.
True
## Footnote
This means that a claim can be made without needing to prove actual damage.
77
78
What is the definition of privacy in the context of rights and freedoms?
The right of the individual to be protected against intrusion into his personal life or affair, or those of his family, by direct physical means or by publication of information.
79
What are some key issues related to privacy?
* Breach of confidence
* Press regulation
* Human rights act: impact on common law
* Misuse of private information
80
What was the outcome of the Younger Committee Report on Privacy in 1972?
It led to further Bills presented in 1988-9.
81
What is OFCOM?
Communications regulator.
82
What does Section 8 of the Broadcasting Code (2016) state regarding privacy?
Any infringement of privacy must be warranted.
83
What sanctions can OFCOM impose for privacy infringements?
* Issue fines
* Withdraw licenses from repeat offenders
84
What was the Press Complaints Commission (PCC) and when was it wound up?
Set up by press to regulate press; wound up in 2014.
85
What did the Leveson enquiry investigate?
The culture, practices and ethics of the press.
86
What is the Royal Charter related to self-regulation in the press?
Established in October 2013 to approve self-regulators.
87
What is the significance of the case Albert v Strange (1849)?
Development of breach of confidence as an equitable remedy.
88
What are the requirements established in Coco v AN Clark (1968) for breach of confidence?
* Was it imparted in circumstances importing an obligation of confidence?
* Has it been misused (to C’s detriment)?
89
In the pre-HRA approach, what was the ruling in Attorney General v Guardian Newspapers Ltd (1990)?
Obligation of confidence would arise where a person has notice that the information is confidential.
90
What types of claims are included in the invasion of privacy approach?
* Trespass
* Libel
* Passing off
* Malicious falsehood
91
What does Section 6 of the Human Rights Act (HRA) state?
Courts must interpret UK law so as to give effect to convention rights.
92
What does Article 8 of the European Convention on Human Rights (ECHR) protect?
Private and family life.
93
What two interests must be balanced according to Article 10 of the ECHR?
* Freedom of expression
* Protection of rights of others
94
What new test for misuse of private information was established in Campbell v MGN (2004)?
A two-stage test to establish 'duty of confidentiality.'
95
What is the first stage of the test in Campbell v MGN?
Does C have a reasonable expectation of privacy?
96
What is the second stage of the test in Campbell v MGN?
Does C’s interest in maintaining right to privacy outweigh D’s interest in freedom of expression?
97
What types of information are considered to have a reasonable expectation of privacy?
* Medical information
* Sexual information
98
What was determined in McKennitt v Ash (2006) regarding privacy?
How to determine reasonable expectation of privacy.
99
What kind of remedy can be sought when a duty of confidentiality is breached?
* Damages
* Interim injunction
100
What is a super injunction?
An injunction that prevents the disclosure of information before it is revealed.
101
102
What was the primary legal issue in Wainwright v Home Office?
Battery, harassment, and privacy misuse of information
## Footnote
This case addresses multiple torts related to personal rights.
103
In Kaye v Robertson and Sports Newspapers Ltd, what event led to the legal action?
Hit by a billboard and rushed to hospital
## Footnote
The plaintiff was photographed and interviewed shortly after brain surgery without consent.
104
What was the court's decision regarding the interview in Kaye v Robertson?
An obvious invasion of privacy, but no legal recourse since the interview was published
## Footnote
The Court of Appeal could not establish a tort of privacy at that time.
105
What was the outcome of Campbell v Mirror Group Newspapers?
Damages for breach of confidentiality
## Footnote
The case established a two-part test for breach of confidentiality.
106
What was the basis of Meghan, Duchess of Sussex's victory in Duchess of Sussex v Associated News?
Infringement of her copyright
## Footnote
She did not claim damages in this case.
107
What did the Supreme Court rule in Bloomberg v ZHC regarding the promotion of individuals under investigation?
You are not allowed to advertise/promote/say that someone is being questioned until the point of police charge
## Footnote
This case marked an extension of privacy laws up until the point of charge.
108
Fill in the blank: The court in Campbell v Mirror Group Newspapers set out a _______ test for breach of confidentiality.
[2-part]
109
True or False: In Kaye v Robertson, the plaintiff was in a condition to consent to the interview.
False
## Footnote
The plaintiff had just undergone brain surgery.
110
111
What does defamation protect?
Reputation
## Footnote
Defamation law aims to protect individuals' reputations from false statements.
112
What is the relationship between common law and legislation in defamation?
Mix of common law and legislation
113
What two articles of the Human Rights Act are balanced in defamation law?
Article 10 and Article 8
114
Can dead people sue for defamation?
No
115
What happens to a defamation claim when either party dies?
Claim dies with death of either party
116
Under what condition can companies sue for defamation?
If statement caused/likely to cause serious financial loss
117
Can governmental bodies sue for defamation?
No
118
Can non-UK domiciled individuals sue for defamation?
Yes, if most appropriate place to bring claim
119
Define defamation.
Publication of a statement by the defendant which is defamatory of the claimant
120
What must the claimant prove for a defamation claim?
Defamatory, refers to claimant, has been published
121
What are the two types of defamation?
Libel and Slander
122
What does s1(1) of the Defamation Act 2013 state about serious harm?
A statement is not defamatory unless its publication has caused or is likely to cause serious harm to the reputation of the claimant
123
What is slander?
Defamation in temporary (transient) form
124
What must the claimant prove in a slander case?
Special damage (material loss)
125
What are exceptions to the requirement of proof of special damage in slander?
* Imputation of criminal conduct
* Imputation of business incompetence
126
What is libel?
Defamation in a permanent form
127
What is required to prove in a libel case?
Proof of serious harm to reputation
128
What forms of media are treated as libel?
* TV
* Radio broadcasts
* Plays
129
What is the significance of the term 'reputation' in defamation?
Will ‘right thinking people’ think less of the claimant?
130
What is the objective test in determining reputation?
Ordinary ‘reasonable’ people not being members of a specific class
131
What is the meaning in the context of defamation?
Governing principle is ‘reasonableness’
132
What is an innuendo in defamation?
Statements which appear innocuous but have some secondary meaning
133
What is the test for whether a statement refers to the claimant?
Would a reasonable person think that the statement referred to the C?
134
What does 'published' mean in defamation?
Means communication to a third party
135
What can happen with republication of a defamatory statement?
Generates fresh cause of action
136
What are preliminary issues in the litigation process for defamation?
* Meaning
* Is statement defamatory?
* Serious harm?
137
What are some defenses in defamation cases?
* Truth
* Honest opinion
* Privilege
* Publication on a matter of public interest
138
What is required for an offer to make amends in defamation?
Must be in writing covering correction, apology, and offer to pay compensation
139
What is the definition of malice in defamation?
Desire to injure the person who is defamed
140
What is the burden of proof for the truth defense in defamation?
Falls on the defendant to establish truth
141
What must an honest opinion be based on according to s3 DA 2013?
Opinion must actually be based on fact
142
What is the defense of publication on a matter of public interest?
D must show statement was on a matter of public interest and reasonably believed it was in the public interest
143
What are the types of remedies available in defamation cases?
* Damages
* Injunctions
144
Who usually determines damages in defamation cases?
Judge
145
Imputation example
If 16 yr old unlicenced drives parents' car, negligent liability may be passed onto parents
146
147
What does the tort of defamation protect?
An individual's (or company's) reputation from false and harmful statements
## Footnote
Defamation law addresses both libel and slander.
148
What are the two main categories of defamation?
* Libel
* Slander
## Footnote
Libel refers to permanent forms while slander refers to temporary forms.
149
What is libel?
Permanent forms of defamation like writing, pictures, or statues
## Footnote
Libel involves statements that can be seen or read.
150
What is slander?
Temporary forms of defamation like speech or gestures
## Footnote
Slander involves spoken statements.
151
What significant change did the Defamation Act 2013 introduce?
A 'serious harm' threshold requiring claimants to prove substantial reputational damage
## Footnote
This reform aimed to make it more difficult to bring defamation claims.
152
What key common law principles did the Defamation Act 2013 retain?
Key common law principles of defamation
## Footnote
These principles guide the interpretation and enforcement of defamation claims.
153
What statutory defences were added by the Defamation Act 2013?
* Truth
* Honest opinion
* Responsible publication
## Footnote
These defences can protect defendants from liability in defamation cases.
154
What was one of the aims of the Defamation Act 2013 regarding libel tourism?
To curb libel tourism
## Footnote
Libel tourism refers to the practice of bringing defamation suits in jurisdictions with more favorable laws.
155
What did the Defamation Act 2013 revise regarding the multiple publication rule?
It revised the multiple publication rule
## Footnote
This rule relates to how many times a statement can be considered published for legal purposes.
156
True or False: Critics argue that defamation law enhances freedom of expression.
False
## Footnote
Critics believe it unduly limits freedom of expression.
157
What is a common criticism of defamation law post-reform?
It creates a complex and restrictive legal landscape
## Footnote
This complexity can hinder individuals and companies from exercising their rights effectively.
158
159
Who can bring a defamation claim?
Any living individual, but not the deceased
## Footnote
According to the Law Reform (Miscellaneous Provisions) Act 1934.
160
Can companies sue for defamation?
Yes, companies can sue as their reputation may impact their business
## Footnote
Referenced in Jameel v Wall Street Journal Europe [2007].
161
What must companies prove under the Defamation Act 2013?
That the defamatory statement has caused or is likely to cause serious financial loss
## Footnote
This is stated in section 1(2) of the Defamation Act 2013.
162
What is a common argument against companies suing for defamation?
That it can stifle criticism
## Footnote
This perspective is supported by the ruling in Derbyshire County Council v Times Newspapers Ltd [1993].
163
Can government bodies sue for defamation?
No, as ruled in Derbyshire County Council v Times Newspapers Ltd [1993]
## Footnote
This ruling emphasized the importance of democratic accountability.
164
Can individual politicians sue for defamation?
Yes, individual politicians can sue
## Footnote
For example, Lord McAlpine’s defamation cases.
165
What was one aim of the Defamation Act 2013?
To curb libel tourism
## Footnote
This was addressed in section 9 of the Act.
166
What must a claimant prove if the defendant is outside the UK, EU, or a Lugano Convention state?
That England and Wales is the most appropriate jurisdiction
## Footnote
This requirement is found in Wright v Ver [2020].
167
168
What is the definition of defamation?
A statement is defamatory if it lowers the claimant in the estimation of right-thinking members of society and causes them to be shunned or avoided.
169
How is the defamatory meaning determined?
The defamatory meaning is determined objectively, based on what a reasonable person would infer.
170
Who is considered the ‘Right-Thinking’ Member of Society?
Defined as the reasonable reader, viewer, or listener.
171
What qualities characterize the 'Right-Thinking' Member of Society according to Lord Reid?
Fair-minded, neither eager for scandal nor overly suspicious, and not unduly naïve.
172
True or False: If multiple meanings of a statement are possible, the defamatory one should be automatically chosen.
False
173
Fill in the blank: A statement is defamatory if it causes the claimant to be _______.
shunned or avoided
174
175
What is the Low Threshold in defamation?
A statement does not need to cause universal condemnation to be actionable; even an implication of hypocrisy or disloyalty within a specific group can be actionable.
## Footnote
This highlights that the context of the statement matters significantly.
176
How does context affect the defamatory nature of a statement?
A statement is not defamatory in itself but can become so depending on the claimant’s background.
## Footnote
The context of who the statement is about can change its implications.
177
Give an example of a statement that may be defamatory based on context.
Saying someone places occasional bets is not inherently defamatory, but if said about a vicar who opposes gambling, it suggests hypocrisy, which could harm their reputation.
## Footnote
This example illustrates how context can alter the perception of a statement.
178
What is the key issue in defamation cases?
Defamation is about reputation, not morality.
## Footnote
The focus is on the impact of the statement on the claimant's standing in their community rather than societal disapproval.
179
True or False: A statement must be universally condemned to be considered defamatory.
False
## Footnote
A statement can be actionable even if it only implies hypocrisy within a specific group.
180
What do courts consider when deciding if a statement is defamatory?
The context of the statements, including the scale of the publications, actual and potential readership, and the gravity of the statements themselves.
## Footnote
The relationship between the readership and the claimant is also a factor.
181
Is it sufficient for a claimant to reference only a headline or a specific sentence to support a defamation claim?
No, it is not enough to point to a headline or a particular sentence in isolation.
## Footnote
The publication must be read as a whole.
182
What did Nicklin J state regarding how publications should be read in Koutsogiannis v The Random House Group Ltd?
The publication must be read as a whole, and any ‘bane and antidote’ must be taken together.
## Footnote
This emphasizes the importance of context in understanding the meaning of the statements.
183
What can sometimes happen to the defamatory meaning of words when considered in context?
The context can either clothe the words in a more serious defamatory meaning or weaken/exhaust the defamatory meaning.
## Footnote
This is illustrated by the 'bane and antidote' cases.
184
Fill in the blank: The publication must be read as a _______.
[whole]
185
True or False: The gravity of the statements is not considered by the courts in defamation cases.
False
186
What is meant by the term 'bane and antidote' in the context of defamation?
It refers to cases where the context of statements can either enhance or diminish their defamatory meaning.
## Footnote
This concept illustrates how different interpretations can arise based on surrounding information.
187
What cannot a defendant use as an excuse for a defamatory statement?
A defendant cannot excuse a defamatory statement by saying they did not intend it to be defamatory.
188
What does the tort of defamation protect?
The tort protects reputation, not intentions.
189
What may be relevant to defences or damages in defamation cases?
Intent may be relevant to defences or damages.
190
What is the 'mere abuse' defence in defamation?
If words are said in the heat of the moment and not meant seriously, they may be considered mere abuse, which is not usually defamatory.
191
What is the challenge in distinguishing between abuse and defamation?
The line between abuse and defamation is thin.
192
In the case of Berkoff v Burchill (1996), what did Julie Burchill call Steven Berkoff?
Julie Burchill called Steven Berkoff 'hideously ugly' and compared him to Frankenstein’s monster.
193
What was the defence argument in Berkoff v Burchill regarding the statement made?
The defence argued that it was not defamatory because it was insulting, not damaging to his professional reputation.
194
What was the majority decision of the Court of Appeal in Berkoff v Burchill?
The Court of Appeal ruled the statement could be defamatory if it held him up to contempt, ridicule, or exclusion from society.
195
What was Millett LJ's dissenting opinion in Berkoff v Burchill?
Millett LJ argued that mocking appearance is not the same as damaging reputation, and people should be free to joke without fear of litigation.
196
What does the case of Berkoff v Burchill highlight about defamation law?
The case highlights the broad interpretation of 'reputation' in defamation law and the tension between free speech and protecting individuals from public ridicule.
197
What is Innuendo in Defamation?
Innuendo occurs when a statement appears innocent on the surface but carries a hidden defamatory meaning understood by those with special knowledge.
## Footnote
A statement can be defamatory not just by its literal meaning but also by implication.
198
What is True (Legal) Innuendo?
The statement seems harmless but becomes defamatory when understood in a specific context known to certain people.
## Footnote
Example: Saying someone often visits a particular house may seem neutral, but if it is known locally as a brothel, the implication is defamatory.
199
What is False (Popular) Innuendo?
The words have an obvious double meaning, where the defamatory meaning is inferred by the general public.
## Footnote
Example: Calling someone a 'regular at the courts' could suggest they are a lawyer or a criminal.
200
What was the outcome of Tolley v Fry (1931)?
An amateur golfer was featured in an advert, implying he was paid for endorsements, damaging his reputation for amateur status.
201
What was the significance of Cassidy v Daily Mirror (1929)?
A newspaper published a photo of a man with a woman, stating they were engaged. His actual wife successfully sued as the implication was she was not truly married to him.
202
What must a statement refer to in order to be actionable?
The claimant
## Footnote
A reasonable person must understand it as referring to them.
203
What generally makes it clear that a statement refers to the claimant?
Explicit references
## Footnote
Examples include name, nickname, initials, job title.
204
What is required for obscure references in a statement?
A 'peg or pointer'
## Footnote
Some clue in the statement or context must identify the claimant.
205
What is the key case related to the identification of the claimant?
Morgan v Odhams Press Ltd (1971)
## Footnote
The case establishes the test for whether a reasonable reader believes the statement referred to the claimant.
206
What is the test established in Morgan v Odhams Press Ltd?
Whether a reasonable reader, with knowledge of the circumstances, would believe the statement referred to the claimant.
207
What must a claimant prove if they are not clearly identified in a defamation case?
The claimant must prove that the statement was published to people who had the necessary background knowledge to connect it to them.
208
What happens if no one who read the statement made a connection to the claimant?
It is not defamatory.
209
True or False: A statement can be defamatory even if the defendant did not intend it to refer to the claimant.
True
210
What can create unintended references in defamation cases?
Common names (e.g., 'Joe Bloggs') can create unintended references.
211
What is the liability status of a defendant if a statement is capable of harming the claimant’s reputation?
The defendant can be liable even if the statement was intended as fiction.
212
What is the condition for liability concerning statements about groups or classes?
No liability unless the group is so small that the statement applies to every member, or the statement explicitly refers to the claimant.
213
Is the statement 'All MPs are liars' actionable?
Not actionable (group too large).
214
Is the statement 'All candidates for London Mayor are corrupt' potentially actionable?
Potentially actionable (small group).
215
What is the Hulton Test?
Would a reasonable person believe that the statement refers to the claimant? If yes, it may be actionable.
216
Fill in the blank: A statement is only actionable if it refers to the _______.
[claimant].
217
218
What is better understood as 'communication' rather than just 'publication'?
Publication
## Footnote
Defamatory statements must be communicated to a third party to qualify as defamation.
219
Are private statements considered defamatory?
No
## Footnote
Insulting remarks made only to the claimant do not count as defamation.
220
What does the tort of defamation protect?
Reputation
## Footnote
Statements must reach others to be considered harmful.
221
What must be assessed under the serious harm requirement?
Serious harm
## Footnote
This is outlined in s.1 of the Defamation Act 2013.
222
What was the outcome of Webb v Jones [2021] regarding Facebook posts?
Claimant failed to show serious harm
## Footnote
The posts were not considered substantially published.
223
Can a defendant be liable even without intention?
Yes
## Footnote
A defendant can be held liable even if they did not intend for a third party to see the statement.
224
What is the key question regarding liability for defamation?
Reasonable foreseeability
## Footnote
Whether it was foreseeable that a third party would see or hear the statement.
225
What was held in Theaker v Richardson [1962]?
Defendant was liable
## Footnote
It was reasonably foreseeable that someone else might open the letter containing defamatory content.
226
What does the common law rule state about republication of defamatory statements?
New cause of action arises
## Footnote
Each republication can lead to multiple claims (Duke of Brunswick v Harmer [1849]).
227
What does Section 8 of the Defamation Act 2013 introduce?
12-month limitation period
## Footnote
This applies from the first publication of the material.
228
What is the purpose of the single publication rule?
To reduce stale claims
## Footnote
It aims to avoid a chilling effect on publications.
229
What are exceptions to the single publication rule?
If material is republished in a different manner or by a different publisher
## Footnote
These exceptions allow for new claims to arise.
230
What was established under common law regarding online archives?
Every access creates a new claim
## Footnote
This was seen in Loutchansky v Times Newspapers (No 2) [2001].
231
What did the courts suggest publishers could do regarding outdated content in archives?
Add a warning note
## Footnote
This helps alert readers about outdated or disputed content.
232
233
What is the purpose of privilege in defamation law?
Allows people to speak freely without fear of defamation claims in certain important situations
## Footnote
Freedom of expression is prioritized over reputation protection.
234
What are the two types of privilege?
* Absolute Privilege
* Qualified Privilege
235
What is Absolute Privilege?
Applies where complete freedom of speech is essential; no defamation claim possible, even if the statement is false or malicious
## Footnote
Examples include parliamentary proceedings, judicial proceedings, fair reporting of court cases.
236
What is Qualified Privilege?
Protects a speaker only if they act honestly and without malice; claimant must prove malice to defeat the privilege
## Footnote
Examples include fair and accurate media reports on public interest matters, references from employers, official reports.
237
What does Section 7 of the Defamation Act 2013 do?
Broadens the situations where both absolute and qualified privilege can apply
238
What new statutory defense does Section 4 introduce?
A specific defense for publications on matters of public interest; abolishes the Reynolds defence
## Footnote
Requirements include proving the statement was on a matter of public interest and that the defendant reasonably believed publishing it was in the public interest.
239
What are the key features of the new statutory defense introduced by Section 4?
* Objective and subjective elements assessed by the court
* Flexible approach without a rigid checklist
240
What does the new statutory honest opinion defense replace?
Replaces the fair comment defense
## Footnote
Strengthens freedom of expression (Butt v SSHD [2019]).
241
What must a defendant show to satisfy the requirements for the honest opinion defense?
* The statement was an opinion, not a fact
* The opinion was based on an indicated fact or set of facts
* An honest person could have held that opinion based on:
* Any fact that existed at the time of publication
* A fact from a previously privileged statement
242
What is a key difference between the new honest opinion defense and the common law defense?
No public interest requirement; malice is irrelevant
243
Who are Primary Publishers?
Authors, editors, publishers directly liable for defamatory content
244
What is required for Secondary Publishers to have a defense under Section 1 of the Defamation Act 1996?
* Not the author, editor, or publisher
* Took reasonable care in publishing
* Had no reason to believe the material was defamatory
245
What does Section 1(3) extend the defense to?
* Printers
* Distributors
* Booksellers
* Broadcasters (if they lack effective control over the speaker)
* ISPs and online platforms (e.g., Twitter, website hosts)
246
What does Section 10(1) state regarding defamation claims against secondary publishers?
Courts cannot hear defamation claims against a secondary publisher unless it is not reasonably practicable to sue the author, editor, or publisher
247
What does Section 5(2) state about website operators' liability?
Website operators are not automatically liable if they did not post the defamatory statement themselves
248
What happens to the defense under Section 5(11) if the website operator acted with malice?
The defense is lost
249
True or False: Some critics argue Section 5 protects internet trolls.
True
250
What must website operators do to avoid liability regarding anonymous posters?
Follow regulations and may be liable if they fail to assist claimants in identifying anonymous posters
251
252
What is an Offer of Amends?
A way for defendants to resolve a defamation claim when the defamatory statement was unintentional
## Footnote
Examples include mistaken identity or an honest, reasonable but false belief.
253
What does an Offer of Amends involve?
An apology, correction, and damages
## Footnote
According to the Defamation Act 1996, Section 2.
254
Is an Offer of Amends considered a defense?
No, it prevents the claim from proceeding further if accepted.
255
When must an Offer of Amends be made?
Before the defendant serves a defence.
256
What effect do early apologies have on reputational harm?
They reduce reputational harm
## Footnote
Refer to Cairns v Modi [2012].
257
What happens if an Offer of Amends is accepted?
The case stops, and damages are agreed by both parties or assessed by the court.
258
What happens if an Offer of Amends is rejected?
The defendant can use the offer in their defence unless the claimant proves the defendant knew the statement was false.
259
What is the relevant section of the Defamation Act regarding rejected offers?
Defamation Act 1996, Section 4.
260
Name a real-world example of a successful Offer of Amends.
Daily Express & Daily Star apologized to the McCann family for false allegations.
261
What did The People apologize for?
Wrongly accusing Baby P’s father of being a convicted rapist.
262
What was the outcome of the Metropolitan Police's apology?
They apologized for wrongly identifying a man on 'wanted' posters after the 2011 London Riots.
263
What damages did the Daily Telegraph pay to Melania Trump?
Substantial damages for false statements.
264
What was the defamation case involving Katie Hopkins and Jack Monroe?
Hopkins falsely accused Monroe of vandalizing a war memorial.
265
What settlement did Monroe offer to Hopkins?
A £5,000 settlement.
266
What was the court's award in the Monroe v Hopkins case?
£24,000 in damages, with legal costs reaching £300,000.
267
What lesson can be learned from rejecting a reasonable settlement?
It can result in higher damages and costs.
268
Why is an Offer of Amends often considered a wise option?
It is often the cheaper and wiser option when a defamatory statement was made by mistake.
269
What are the primary purposes of defamation damages?
* Compensation for distress, hurt feelings, and material losses
* Vindication by restoring the claimant’s reputation
* Punishment & deterrence in extreme cases
## Footnote
Defamation damages serve multiple objectives unlike personal injury damages, which primarily focus on compensation.
270
In which case did the claimant receive £100,000 for defamation due to false accusations?
Hijazi v Yaxley-Lennon [2021]
## Footnote
The case involved Tommy Robinson falsely accusing a schoolboy, leading to significant harm to the claimant.
271
What phenomenon does Cairns v Modi [2012] recognize regarding defamation damages?
‘Percolation Phenomenon’
## Footnote
This case established that damages can increase if falsehoods spread rapidly on social media.
272
What was the outcome of John v MGN Ltd [1997] regarding jury awards in defamation cases?
Led to the move toward judicial control of defamation damages
## Footnote
The court acknowledged unpredictability and disproportionate jury awards.
273
What significant change did the Defamation Act 2013, s 11 implement regarding jury trials?
Abolished the presumption of jury trials, giving judges full control over awards
## Footnote
This change aimed to standardize defamation damage awards.
274
What is the purpose of final injunctions in defamation cases?
Prevent further publication of defamatory material
## Footnote
Final injunctions are used to stop ongoing harm from defamation.
275
What are interim injunctions used for in defamation law?
Stop dissemination before trial in urgent cases
## Footnote
These injunctions are essential to prevent immediate harm.
276
What does Section 13 of the Defamation Act 2013 allow courts to do?
* Order website operators to remove defamatory content
* Stop distributors & sellers from circulating the material
## Footnote
This section provides a legal basis for addressing online defamation.
277
What was the significance of the case Blackledge v Persons Unknown [2021]?
Court awarded £70,000 in damages and ordered Google to remove the website
## Footnote
This was the first use of s 13 against an unidentifiable defendant.
278
True or False: Defamation remedies focus solely on compensation for damages.
False
## Footnote
Defamation remedies also emphasize reputation restoration and preventing future harm.
279
Article 8 Human Rights
Article 8: Right to Respect for Private and Family Life:
280
Article 10
Article 10: Freedom of Expression
281
Can you have defamation between intimate partners saying defamatory things to another
No
Has to involve third party
282
4 elements of establishing defamation
1. Is the statement defamatory?
2. Refer to the claimant?
3. Been published/communicated to third party?
4. Applicable defences?
283
284
What was the total amount that Hopkins had to pay in damages in Monroe v Hopkins?
£300,000
285
What did Monroe suggest as a reasonable offer to avoid a lawsuit against Hopkins?
Monroe suggested that Hopkins pay £5000 to migrant rescue and issue a public apology
286
What accusation did Hopkins make against Monroe?
Vandalising a war memorial and desecrating the memory of those who fought for her freedom
287
What action did Hopkins take to avoid bankruptcy?
Filed for insolvency
288
What were the consequences for Hopkins after refusing to settle?
Had to sell her home, now lives in rented accommodation, lost her job
289
In Lachaux v Independent Print, what allegations were made against the claimant?
Kidnapping his and his ex-wife’s son and domestic violence
290
What was the outcome of Lachaux's defamation case in the Supreme Court?
Lachaux won and was awarded £120,000 compensation
291
What mistake did the judge make in Stocker v Stocker regarding the term 'strangle'?
Implied it meant attempted murder without considering the reader's understanding
292
What was the final ruling in Stocker v Stocker by the Supreme Court?
Mr. Stocker lost; trial judge ruled in favor of Mrs. Stocker
293
What was Rooney's defense in the Vardy v Rooney case?
Established her defense of truth
294
What did Rooney do to expose Vardy's actions?
Set a trap for Vardy
295
What was Vardy's financial obligation after losing the case?
Ordered to pay up to £1.5 million of Rooney’s legal fees
296
What did Rooney not claim in the Vardy v Rooney case?
Compensation
297
What was the reason for Alam suing the Guardian?
Called him an extremist Muslim teaching hate, misogyny, and racism
298
What was the outcome of Banks v Cadwalladr?
Banks was successful; Cadwalladr ordered to pay £35k in damages + £1 million legal costs
299
What was the court's ruling in Hinds v British Boxing Board of Control Ltd?
Hinds was unsuccessful; statement was not defamatory
300
What are the four elements of establishing defamation?
* Is the statement defamatory? * Refer to the claimant? * Been published/communicated to third party? * Applicable defences?
301
302
What is responsibility as liability in the context of tort law?
Responsibility as liability refers to the legal obligation to compensate for harm caused to others.
303
What are evolving approaches to tort liability?
Evolving approaches to tort liability include adapting legal standards to changing societal needs and expectations.
304
What is the significance of the Consumer Protection Act 1987?
The Consumer Protection Act 1987 provides a framework for product liability, ensuring consumer protection against defective products.
305
What does strict liability imply?
Strict liability implies liability without fault, meaning a party can be held responsible for damages regardless of negligence.
306
What are the original requirements for establishing strict liability?
The original requirements include:
* Accumulation of a dangerous thing on land
* Escape of that thing
* Non-natural use of land.
307
What social changes prompted the need for changes in tort regulation?
The Industrial Revolution and the growth of industry increased the risk of harm from the escape of chemicals and water from factories.
308
What are the potential defendants under the Consumer Protection Act?
Potential defendants include:
* Manufacturer
* Producer
* Own-brander
* Supplier.
309
What kind of damage is covered under the Consumer Protection Act?
Damage covered includes:
* Death or personal injury
* Property damage exceeding £275.
310
What is the EU directive 85/374/EEC related to?
The EU directive 85/374/EEC relates to liability for damage caused by defective products.
311
What was the outcome of Bates and Ors v Post Office [2017]?
The case involved private prosecutions based on unreliable data from the Horizon system, leading to questions about malicious prosecutions.
312
What are the implications of extending the scope of nuisance claims?
Extending the scope of nuisance claims raises issues of visual intrusion, privacy invasion, and the role of human rights.
313
What was the ruling in Fearn and Orsa Tate Gallery regarding nuisance?
The ruling suggested re-interpreting nuisance in light of Article 8 ECHR to respect privacy rights.
314
What is the 'proper use' in the context of nuisance claims?
'Proper use' refers to balancing the rights of property owners with the demands of modern urban environments.
315
What is the stance of the Court of Appeal regarding privacy in nuisance claims?
The Court of Appeal was reluctant to extend nuisance claims to include privacy rights, viewing nuisance as a property tort.
316
Fill in the blank: Liability without fault is known as _______.
[strict liability]
317
True or False: The Consumer Protection Act covers only personal injury claims.
False
318
What major shift does the digital environment represent in tort law?
The digital environment represents a shift necessitating extensions to existing torts, such as nuisance.
319
What does the term 'non-natural use' refer to in strict liability?
'Non-natural use' refers to the use of land for purposes that are not typical or expected.
320
What is the Consumer Protection Act 1987 related to?
Tort
321
What is the Consumer Protection Act 2015 related to?
Contract
322
Which case is considered the foundation for manufacturing liability?
Donoghue and Stevenson
323
What was the outcome of Fearn v Tate regarding private nuisance?
Tate Modern was held liable
324
Why was Article 8 (right to privacy) dismissed in the Fearn case?
Found invasion of privacy without it
325
What did the Supreme Court allow in Fearn's appeal?
Expanded visual intrusion as nuisance claim
326
How many people were prevented from viewing the Tate Modern due to the flats?
Over 600,000
327
What criticism was aimed at the Fearn case?
Lack of democracy
328
What technological intrusions are mentioned in the context of human acceptability?
Alexa/Siri
329
How long did the Tate Gallery have to address the nuisance issue?
5 years
330
What did the Supreme Court order Tate Gallery to do regarding the flats?
Have to do something about flats
331
Fill in the blank: The Consumer Protection Act 1987 relates to _______.
Tort
332
Fill in the blank: The foundation for manufacturing liability is _______.
Donoghue and Stevenson
333
True or False: The Tate Modern was found not liable for private nuisance.
False
334
What is one potential action mentioned regarding future steps?
What can I do to help
335
What is one question posed about future actions?
What would I do going forward
336
What is the definition of 'reasonable' in legal terms?
A term used to assess the actions or beliefs of a hypothetical person within a legal context
## Footnote
It often refers to the standard of behavior expected in society.
337
Who is considered a 'hypothetical reader'?
An imagined person whose perspective is used to determine the meaning of legal texts
## Footnote
This concept is crucial in assessing how statements are perceived.
338
What are the two approaches to interpretation mentioned?
Formalist and Reader Response
## Footnote
These approaches differ in how they view the text and the reader's role in meaning.
339
What influences our understanding of legal texts?
Experience, influence, mood, and social context
## Footnote
These factors can shape individual interpretations of meaning.
340
What is the 'single meaning rule'?
A legal principle that aims to determine a single natural and ordinary meaning of words used in legal texts
## Footnote
This rule is essential for resolving ambiguities in tort law.
341
What is the 'hypothetical reasonable reader' test?
A method used by courts to assess how a reasonable person would interpret a statement
## Footnote
This test helps to establish the meaning of potentially defamatory statements.
342
What does the court consider when determining meaning?
Context, including headlines and additional wording
## Footnote
This helps to evaluate the extent of the 'defamatory sting' in statements.
343
What are the 'Chase' levels of meaning?
Levels of assessment for the potency of a defamatory statement
## Footnote
They categorize statements based on their implications regarding guilt.
344
What is Level 1 in 'Chase' levels of meaning?
A direct allegation of claimant’s guilt
## Footnote
This represents the most potent form of defamation.
345
What is Level 2 in 'Chase' levels of meaning?
Allegation of reasonable grounds to suspect guilt
## Footnote
This level suggests suspicion without a direct accusation.
346
What is Level 3 in 'Chase' levels of meaning?
Allegation of grounds for investigation into claimant’s guilt
## Footnote
This indicates a lower level of defamation, implying inquiry rather than accusation.
347
What role does public discourse play in legal interpretation?
It facilitates communication and conversation based on shared experiences
## Footnote
This is essential for understanding the context of legal statements.
348
How does artificial intelligence relate to public good in this context?
It can enhance investigation and reporting in legal matters
## Footnote
AI's role in gathering and analyzing information can benefit public discourse.
349
What is a 'prudent patient' in legal terms?
A standard used to evaluate consent and informed decision-making
## Footnote
This term often appears in medical negligence cases.
350
True or False: Judicial bias can affect the interpretation of legal meaning.
True
## Footnote
Bias in judges can influence their understanding and application of the law.
351
What is the significance of procedural assumptions in legal interpretation?
They establish the framework within which legal meanings are assessed
## Footnote
These assumptions guide the court's approach to cases.
352
Fill in the blank: The potency of 'defamatory sting' depends on _______.
[Chase levels of meaning]
353
What is meant by the term 'defamatory sting'?
The impact or harm caused by a statement that could damage a person’s reputation
## Footnote
This concept is central to defamation law.
354
What is the court's task in determining meaning?
To determine the single natural and ordinary meaning of the words used
## Footnote
This is crucial for resolving disputes in tort cases.
