LEGAL PRINCIPLE: A statement is defamatory in nature if it is injurious to a person's reputation and if the statement has been published.

FACTUAL SITUATION: Rudra had been dating a girl named Kiara for three weeks. But he had introduced himself to her as Ricky Thakur (who is one of Rudra's friends) and he continued to be Ricky for the rest of their relationship. But ultimately the relationship ended badly and Kiara being upset and angry at Rudra started a website named 'ricky-thakur-is-a-jerk.com'. She created this website so as to warn other girls about 'Ricky Thakur'. The real Ricky Thakur files a suit for defamation.

Decide.

Kiara shall be held liable for defamation as she published a statement which was injurious to Ricky's reputation.

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Rudra shall be held liable as he had led Kiara into thinking that he was Ricky Thakur and moreover, it was his fault in the first place that made Kiara create this website.

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Kiara cannot be held liable as she had actually been referring to Rudra and not the real Ricky Thakur.

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Kiara cannot be held liable as her act was done in good faith as she intended to warm other girls.

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Solution

The correct option is D Kiara shall be held liable for defamation as she published a statement which was injurious to Ricky's reputation.
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'. In the above situation, there was publication of the letter, libel has been committed.

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Q. LEGAL PRINCIPLE: A statement is defamatory in nature if it is injurious to a person's reputation and if the statement has been published.
FACTUAL SITUATION : Rudra had been dating a girl named Kiara for three weeks. But he had introduced himself to her as Ricky for the rest of their relationship. But ultimately the relationship ended badly and Kiara being upset and angry at Rudra started a website named 'ricky-thakur-is-a-jerk.com'. She created this website so as to warn other girls about 'Ricky Thakur'. The real Ricky Thakur files a suit for defamation. Decide.
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