In which one of the following situations A will be liable for defamati...
How is it C? except option A every option is defamation as all the constituents of defamation are met
In which one of the following situations A will be liable for defamati...
Defamation and Liability in Various Situations
Defamation is the act of making a false statement that harms the reputation of an individual or entity. It can be either spoken (slander) or written (libel). Liability for defamation arises when the statement is communicated to a third party and causes harm to the reputation of the person or entity in question.
In the given scenario, A has written a letter containing defamatory matter about B. The liability of A for defamation depends on how the letter is handled and who reads it. The different situations are:
a) Keeps it in a sealed envelope with himself
If A keeps the letter in a sealed envelope with himself and does not communicate it to anyone, there is no liability for defamation. The communication of the defamatory statement to a third party is necessary for liability to arise.
b) Sends it in a sealed envelope to B but it is opened by his As butler
If A sends the letter in a sealed envelope to B, but it is opened by his butler, there is still no liability for defamation. The butler is not a third party in this case, as he is an agent of A.
c) Sends it in a sealed envelope to B but it is opened by B’s father
If A sends the letter in a sealed envelope to B, but it is opened by B’s father, there is liability for defamation. B’s father is a third party in this case, and the communication of the defamatory statement to him causes harm to B’s reputation.
d) Sends it in a sealed envelope to B’s wife
If A sends the letter in a sealed envelope to B’s wife, there is liability for defamation. B’s wife is a third party in this case, and the communication of the defamatory statement to her causes harm to B’s reputation.
Conclusion
Liability for defamation arises when a false statement is communicated to a third party and causes harm to the reputation of the person or entity in question. In the given scenario, A is liable for defamation when the letter is opened by B’s father or wife, but not when it is kept with himself or opened by his butler.