Legal: DEFAMATION & NEGLIGENCE

Define defamation

Defamation is a tort where a false statement, that is presented as a fact negatively harms or impacts the reputation of the person/group it is written or spoken about to a third party

rights protected by law (aim) 2 d

1- right to a good reputation

2- right to seek remedies for a harmed rep

Elements (5) d

1- matter is defamatory

2- matter is false

3- matter is about the plaintiff

4- matter has been published to a third party

5- matter has/will cause serious harm to the plaintiffs reputation

Limitation of actions d

1-3 years

defences (5) d

1- justification (true)

2- contextual truth (some)

3- opinion

4- absolute privilege

5- qualifed privilege

remedies (2) d

1- damages (specific/general/aggravated )

2- injunctions 2- mandatory/restrictive

Define negligence

negligence is a tort where a party fails to provide a level of care to another party that prevents injury or loss, on which a reasonable person would have acted under the same circumstances.

Rights protected by the law (aim) (4) n

1- protect individauls right to be safe from unjust harm or damages

2- determine when someone is owed a duty of care

3- allow parties to seek remedy from breach

4- help restore wronged party

limitation of actions n

3-6 years

Elements (4) n

1- duty of care

2- duty of care breach

3- causation

4- injury/loss/damage

Defences (2) n

1- contributory negligence

2- voluntary negligence

remedie n

damages (specific/general/aggravated)