Question

Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.

LEGAL PRINCIPLES:-(1): A person defames another if the States anything which exposes the other to hatred or ridicule or results in him being shunned by others or injures him in this trade, business or profession.
(2): To commit the offence of defamation, there must be communication of defamatory statement to a third parts.

FACTUAL SITUATION: A, a patient of B, is dissatisfied with the treatment. He discontinues the treatment and after sometime after his illness was automatically cured by lapse of time. A was upset because B had made him spend a lot of money on his illness which was cured on its own. He writes a letter accusing B for cheating. He alleges that B magnified the effects of the illness deliberately treated him in a manner so that it persisted and also caused deterioration of the health. The letter is shown by B and he files a suit for damages against A for defamation.

DECIDE.

• A. A has defamed B and is liable to pay compensation.
• B. A has defamed B when the letter was seen by the lawyer and therefore the compensation has to be paid.
• C. A has not defamed B.
• D. None of the above.

Answer 1

Answer: (C)

A has not defamed B.

A defamation as a tort is only a wrong if the defamation is of nature which harms the reputation of a person who is alive. The term "defamation" is an all- encompassing term that covers any statement that hurts someone's reputation. If the statement is made in writing and published, the defamation is called 'libel'. If the hurtful statement is spoken, the statement is called 'slander'.

A has not defamed B because the defamatory letter written by A to B was never published to third party.