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Corruption

LEGAL PRINCIP...

Question

LEGAL PRINCIPLE: When a person makes such a statement which lowers other person's reputation in the estimation of other persons, is liable for committing defamation.

FACTUAL SITUATION: A writes a letter to B in which he uses abusive language against B and also states that B is a dishonest person. A put the letter in a sealed envelope and delivered it to B.

DECIDE.

A

A has committed defamation.

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B

A has committed moral wrong.

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C

A has not committed defamation.

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D

A has committed a moral wrong.

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Solution

The correct option is C A has not committed defamation.
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 no publication of the letter, libel has not been committed.

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Q. LEGAL PRINCIPLE: Defamation is the publication of a statement which tends to lower reputation of a person in the estimation of other members of the society generally.

FACTUAL SITUATION: 'A' writes a highly offensive and derogatory letter about B, and sends it directly to 'B' in a sealed cover.

Q. Principle : Defamation is the publication of a statement which tends to lower reputation of a person in the estimation of other members of the society generally.
Facts : 'A' writes a highly offensive and derogatory letter about 'B', and sends it directly to 'B' in a sealed cover.

Q. Consists of legal proposition(s) principle(s) (herein after referred to as 'principle') and facts. Such principle may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this Section. In other words, in answering these questions, you must not rely on any principle except the principles those are given herein below for every question.
Further, you must not assume any facts other than those stated in the question. The objective of this section is to testy your interest towards study of law, research aptitude and problem solving ability, even if the 'most reasonable conclusion' arrived at may be absurd or unacceptable for any other reason. It is not the objective of this section to test your knowledge of law.
Therefore, to answer a question, principle is to be applied to the given facts and to choose the most appropriate option.
Principle: When a person makes such a statement which lowers other person's reputation in the estimation of other persons, is liable for committing defamation.
Facts: 'A' writes a letter to 'B' in which he uses abusive language against 'B' and also states that 'B' is a dishonest person. 'A' put the letter in a sealed envelope and delivered it to 'B'.

Q. 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) Master is liable for the wrongful acts committed by servants, in the course of their employment if third employment if parties suffer damages in consequences.
(2) However the master is liable if the wrongful act committed by the servant has no connection whatsoever with the servant's contract of employment.
(3) If a person by an act lowes the reputation of another in the eye of right thinking people, then the person who suffered loss of reputation can sue for damages.
FACTUAL SITUATION: Tiwari is a servant of Ajit, on his way to Ajit's house to report for duty, he goes to have a cup of coffee. There he sees Singh and accuses Mr. Singh of being a dishonest person. Mr. Singh wants to sue Ajit, as Tiwari is Ajit's Servant. Decide.

Q. PRINCIPLE: A libel is a publication of a false and defamatory statement tending to injure the reputation of another person without lawful justification or excuse. A slander is a false and defamatory statement by spoken words or gestures tending to injure the reputation of another.

FACTUAL SITUATION: A wrote a letter to B calling him a cheat. B's clerk C opened the letter, as he normally did (a fact which was known to A and placed it on B's table. B alleges that A has committed libel.

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