Busy. Please wait.
or

show password
Forgot Password?

Don't have an account?  Sign up 
or

Username is available taken
show password

why


Make sure to remember your password. If you forget it there is no way for StudyStack to send you a reset link. You would need to create a new account.
We do not share your email address with others. It is only used to allow you to reset your password. For details read our Privacy Policy and Terms of Service.


Already a StudyStack user? Log In

Reset Password
Enter the associated with your account, and we'll email you a link to reset your password.

Remove Ads
Don't know
Know
remaining cards
Save
0:01
To flip the current card, click it or press the Spacebar key.  To move the current card to one of the three colored boxes, click on the box.  You may also press the UP ARROW key to move the card to the "Know" box, the DOWN ARROW key to move the card to the "Don't know" box, or the RIGHT ARROW key to move the card to the Remaining box.  You may also click on the card displayed in any of the three boxes to bring that card back to the center.

Pass complete!

"Know" box contains:
Time elapsed:
Retries:
restart all cards




share
Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.

  Normal Size     Small Size show me how

Torts - Defamation

QuestionAnswer
Elements of Defamation -The statement is defamatory -The statement refers to the plaintiff -The statement is communicated to a third party
The words must be defamatory -Definitions Sim v Stretch "A statement which may tend to lower the plaintiff in the estimation of right-thinking members of society generally"-Lord Atkin
The words must be defamatory -Definitions Youssoupoff v M.G.M. "A false statement about about a man to his discredit"-Scrutton LJ
The words must be defamatory -Definitions Parmiter v Coupland "A publication without justification which is calculated to injure the reputation of another by exposing him to hatred, contempt or ridicule"-Parke B
The words must be defamatory -Definitions Youssoupoff v M.G.M. 2nd definition "A statement about a man that tends to make others shun and avoid him"-Slesser LJ
The words must be defamatory -Definitions Thornton v Telegraph Media Group Ltd May have introduced a new requirement for substantial harm to the plaintiff
Illustrations of defamation -Imputations of anti-social behaviour -Imputations of fraud, dishonesty, criminal conduct -Humor -Statements tending to make people 'shun and avoid' the plaintiff -Imputations of incompotence or unfitness for a job -Imputations of financial difficult
Imputations of criminal conduct -Stating P has committed a crim offense can be defam if mistake is made as to actual offense -Proof of P's conviction for offense is conclusive if it subsisted at the time statement was made -Saying P is suspected of a crime can also be defamatory, it i
Imputations of criminal conduct: Loutchansky v Times Newspapers Mitchell v Hirst -To state that someone has commited a criminal offence can be defamatory, even if the have commited a different one to that stated
Imputations of criminal conduct: s 48 Evidence Act 2006 -Proof that a person has been convicted of the offence is conclusive proof that they commited it if the offence subsisted at the time the statement was made
Imputations of criminal conduct: Hyams v Peterson -To say that someone is suspected of a crime can also be defamatory, it is a question of fact how far the defamatory meaning goes
Imputations of criminal conduct: Lewis v Daily Telegraph Ltd Suggested the use of a three-tier hierachical (in likeliness to be considered defamatory) approach Tier one-Suspicion implying guilt Tier two-Suspicion alone Tier three-Grounds for an inquiry
Imputations of immoral or improper conduct or tendencies: Truth v Holloway Allegation that minister had misused his position- allegation was untrue
Imputations of immoral or improper conduct or tendencies: Shadbolt v Independent New Media (Auckland) Ltd HC Involved article suggesting that Shadbolt was a hypocrite and was not a caring mayor
Imputations of immoral or improper conduct or tendencies: McLean, Smale & Phillips v Vickery Allegations that local body officials were corrupt in carrying out their duties.
Imputations of immoral or improper conduct or tendencies: Polanski v. Conde Nast Publications Ltd Article in Vanity Fair about Roman Polanski suggested that on the way to his wife's funeral, he propositioned another woman. Suggested he was callous etc. He won claim.
Imputations of immoral or improper conduct or tendencies: -Relevance of context, social attitudes and prevailing mores Slazengers Ltd v Gibbs Allegation Slazenger was a German company. It was defamatory due to the german war context.
Imputations of immoral or improper conduct or tendencies: -Relevance of context, social attitudes and prevailing mores -Brooks v Muldoon Muldoon said Brooks was a left-winger – defamatory given context of red-scare Communist Cold War times
Imputations of immoral or improper conduct or tendencies: -Relevance of context, social attitudes and prevailing mores -Homosexuality -New Zealand Magazines v Hadlee -Allegation Hadlee was having a lesbian affair with another woman. -Court did not make a finding as to whether alleging homosexuality was defamatory- both counsels accepted it was, so Court did not make a ruling.
Imputations of immoral or improper conduct or tendencies: -Relevance of context, social attitudes and prevailing mores -Homosexuality -Cruise v Express Newspapers Plc Claim upheld for allegation that Cruise was gay
Imputations of immoral or improper conduct or tendencies: -Relevance of context, social attitudes and prevailing mores -Homosexuality -Television New Zealand Ltd v Quinn Obiter: McGechan J in the Court of Appeal
'An allegation of homosexuality or lesbianism might be viewed less seriously now than twenty years ago.'
Imputations of immoral or improper conduct or tendencies: -Relevance of context, social attitudes and prevailing mores -Homosexuality -John Fairfax Publications Pty Ltd v Rivkin Kirby J: "Whether [an allegation of homosexuality] it does or does not harm a person's reputation to publish such an imputation is related to time, personality and circumstance" -However this is not entirely correct in the example it gives: someone whos
Imputations of immoral or improper conduct or tendencies: -Relevance of context, social attitudes and prevailing mores -Homosexuality -Liberace v Daily Mirror Liberace sued for defamation, they could not prove he was gay so Liberace won claim. -Was an imputation he was gay, not direct accusation
Created by: bobbylewis