Question

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.

DECIDE.

• A. B will succeed since A has published a defamatory statement against A.
• B. B will not succeed because it was not written in a newspaper.
• C. B will not succeed because everyone knew that A was a cheat.
• D. B will not succeed since A did not follow up the letter with a speech.

Answer 1

Answer: (A)

B will succeed since A has published a defamatory statement against 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'.

In the above situation A put the letter on the table inspite of knowing the fact that the letter (containing defamatory remark) will be read by C.Therefore it is true to say that A has committed libel.