Defamation
krish sharma
(Querist) 31 August 2013
This query is : Resolved
please suggest some good web pages and books in relation to defamation .
Anirudh
(Expert) 31 August 2013
This is a moot problem assigned to you. As a student of law, it is for you to study the law on the subject by going through the bare act, commentaries thereon, doing research on case-law etc.
But instead of doing things of your own, you want to have ready made stuff from others.
Better do the hard work yourself.
R.K Nanda
(Expert) 31 August 2013
academic query.
V R SHROFF
(Expert) 01 September 2013
Studentys::
Better do the hard work yourself.as advised by shri Anirudh
prabhakar singh
(Expert) 01 September 2013
You have been rightly advised to look for your own.
However i would give you hints how to prepare it?:
Defamation is a complex and detailed tort.To comprehend with topic any offhand study may not be useful.
Therefore, it is essential for you to read the followings:
Winfield and Jolowicz on Tort, Fifteenth Edition, 1998, ch 12, p390-461; or
Michael A. Jones, Textbook on Torts, Seventh Edition, 2000, ch 13, p495-534.
or both.
To succeed plaintiff needs to prove:
(1) that the statement was defamatory,
(2) that it referred to him, and
(3) that it was published, ie communicated, to a third party.
The onus will then shift to the defendant to prove any of the following three defences:
(1) truth (or justification),
(2) fair comment on a matter of public interest, or
(3) that it was made on a privileged occasion.
In addition, some writers put forward the following as defences in their own right:
(4) unintentional defamation, and
(5) consent.
Winfield & Jolowicz (p406) states that spoken words which are prima facie defamatory are not actionable if it is clear that they were uttered merely as general vituperation and were so understood by those who heard them.
Further, the same applies to words spoken in jest (Donoghue v Hayes (1831) Hayes R 265).THEN WHAT ANCHORS DO IS EVERYBODY KNOWLEDGE!Isn't' so?
Guest
(Expert) 01 September 2013
If you want to be a good lawyer, your personal study and development of analystical power are most essential rather than depending upon others.
(Expert) 01 September 2013
