Direction: In this section every question is appended with facts and principles, and multiple choice answers.You are required to read the facts carefully, then read the principles, apply the principles to the given facts and make a select one the option which is the most appropriate answer from the given choices.Principle: For defamation the defamatorystatement needs to be published.Facts: The defendant sent a defamatory telegram to the plaintiff saying, “You liar, you thief; you deserve to be jailed.” The plaintiff received the telegram and wants to sue the defendant since he believes these statements are baseless. Can he do so?a)The telegram is addressed to the plaintiff and it hasn’t been published.b)The message in the telegram is not defamatory hence publication does not matter.c)The telegram must have been seen by postal authorities hence publication has taken place.d)None of the aboveCorrect answer is option 'A'. Can you explain this answer?

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Direction: In this section every question is appended with facts and principles, and multiple choice answers.

You are required to read the facts carefully, then read the principles, apply the principles to the given facts and make a select one the option which is the most appropriate answer from the given choices.

Principle: For defamation the defamatory

statement needs to be published.

Facts: The defendant sent a defamatory telegram to the plaintiff saying, “You liar, you thief; you deserve to be jailed.” The plaintiff received the telegram and wants to sue the defendant since he believes these statements are baseless. Can he do so?

a)
The telegram is addressed to the plaintiff and it hasn’t been published.
b)
The message in the telegram is not defamatory hence publication does not matter.
c)
The telegram must have been seen by postal authorities hence publication has taken place.
d)
None of the above

Correct answer is option 'A'. Can you explain this answer?

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Direction: In this section every question is appended with facts and ...

The telegram must have been seen by postal authorities hence publication has taken place.

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Direction: In this section every question is appended with facts and ...

Answer:

Facts:
- The defendant sent a defamatory telegram to the plaintiff saying, “You liar, you thief; you deserve to be jailed.”
- The plaintiff received the telegram and wants to sue the defendant since he believes these statements are baseless.

Principle:
For defamation, the defamatory statement needs to be published.

Explanation:
Defamation is a civil wrong that occurs when a false statement is communicated to a third party, which harms the reputation of an individual or entity. In order for a defamation claim to be successful, two key elements need to be established - a false statement and publication of that false statement.

In this case, the defendant sent a defamatory telegram directly to the plaintiff. However, the principle states that for a statement to be considered defamatory, it needs to be published. Publication refers to the communication of the defamatory statement to a third party who is not the plaintiff or the defendant. Therefore, in order for the plaintiff to successfully sue the defendant for defamation, the statement in the telegram must have been published to a third party.

Applying the principle to the facts:
- Option a) The telegram is addressed to the plaintiff and it hasn’t been published.
According to the principle, for defamation, publication is required. In this case, the telegram was addressed to the plaintiff, indicating that it was not intended to be communicated to a third party. Therefore, the defamatory statement has not been published.

- Option b) The message in the telegram is not defamatory hence publication does not matter.
The facts state that the telegram contains a defamatory statement. Therefore, this option is not applicable.

- Option c) The telegram must have been seen by postal authorities hence publication has taken place.
There is no information in the facts to suggest that the telegram was seen by postal authorities or any other third party. Therefore, this option is not applicable.

- Option d) None of the above.
This option is not the correct answer as option a) is the most appropriate answer based on the principle and facts provided.

Conclusion:
Based on the principle that for defamation, the defamatory statement needs to be published, the plaintiff cannot sue the defendant in this case as the defamatory telegram was not published to a third party. Therefore, option a) is the most appropriate answer.

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