Test: Defamation - CLAT PG MCQ

Slander can be actionable per se in exceptional cases, including when it involves the imputation of a contagious or infectious disease, which would lead others to avoid the plaintiff. This serves to protect individuals from reputational harm in specific serious situations.

Public acknowledgment is not a requisite for establishing defamation. The essential elements include the presence of defamatory words, a reference to the person defamed, and the publication of those words to a third party.

The defense of self-defense is valid only if the force used was reasonable and necessary to prevent immediate harm. The response must match the threat; using excessive force can negate this defense.

The defense of justification or truth is the most potent in defamation cases. If the defendant can prove that the statement made was true or substantially correct, they are not liable for defamation, regardless of any malice involved.

Libel refers to defamatory statements that are expressed in a permanent form, such as a published article. Unlike slander, which is usually spoken and transient, libel creates a lasting record that can be more readily proven in court.

Battery occurs when there is intentional physical contact, regardless of whether it causes injury or harm. In this case, intentionally slapping someone, even without injury, meets the criteria for battery.

Assault in tort law refers specifically to the apprehension of immediate and unlawful physical contact. It is the fear or anticipation that an attack may occur, not the actual contact itself. For an act to qualify as assault, the victim must reasonably believe that they are about to be harmed.

In legal terms, malice refers to the presence of an improper or wrongful motive when initiating legal proceedings. It suggests that the legal process is being abused for purposes other than seeking justice, such as intending to harm the other party. This is often inferred from the circumstances surrounding the case.

A complete defense to false imprisonment exists if the person was restrained under legal authority or justification. This means that if a law enforcement officer lawfully detains someone, it does not constitute false imprisonment.

Slander is generally actionable only with proof of special damage, meaning the plaintiff must demonstrate that the defamatory statement caused specific harm. In contrast, libel is actionable per se, which means it can be pursued without needing to prove damages.

Defamation is broadly categorized into two types: libel, which refers to written or printed defamatory statements, and slander, which pertains to spoken defamatory statements. Understanding this distinction is crucial in legal contexts, as it affects how cases are approached and adjudicated.

For a statement to be deemed defamatory, it must refer, either directly or indirectly, to the person being defamed. This means that the person claiming defamation should be able to reasonably infer that the statement pertains to them.

To prove malicious prosecution, it is not necessary for the defendant to have been found guilty in the original proceedings. In fact, the plaintiff must demonstrate that the legal proceedings were resolved in their favor, indicating a lack of grounds for the original prosecution.

Malicious prosecution involves initiating legal proceedings against someone without probable cause and with malicious intent. This means that the individual bringing the case did not have sufficient grounds to believe that the accused committed the crime, and acted with wrongful motives.

The railway company successfully defended themselves by proving that they had reasonable and probable cause to pursue legal action against the doctor, as they believed he conspired to defraud them. This justified their actions and negated the malicious prosecution claim.

"Publication" in defamation law refers to any communication of the defamatory words to a third party, even if it is just one individual. Simple acts like dictating a letter to someone else can constitute publication, making the statement actionable.

A "fair comment" is characterized by being an expression of opinion rather than a statement of fact. It is based on true facts but represents the commentator's opinion on those facts. This distinction is important because it protects legitimate opinions expressed in the public interest from defamation claims.

False imprisonment occurs when someone is unlawfully restrained. In this scenario, the security guard detaining a suspected shoplifter without evidence can be considered false imprisonment, as it involves unlawful restraint.

Consent, whether explicit or implied, can serve as a defense against claims of battery. For instance, participants in sports agree to certain physical contacts, which means they cannot claim battery for injuries sustained during the game.

In Morrison v. Ritetise, the court ruled the statement defamatory because it harmed the woman's reputation by making a false claim about her personal life. The key factor was the impact on her public image, not necessarily the intent behind the statement.