Session 11 (Tort of Defamation - Part 2)

LEGALIGHT SESSION-11
LI WHERE LAWYERS
ARE BORN.
MASTERCLASS
FOR CLAT
LEGAL
REASONING
1
STUDENT
MENTOR
LAW OF TORTS (DEFAMATION)
CONVERSATION
LEGALIGHT
LI WHERE LAWYERS
ARE BORN.
MASTERCLASS
FOR CLAT
PRACTICE QUESTIONS (OLD PATTERN)

Q.1 Principle: Defamation is the publication of a statement which lowers or tends to lower the reputation of an individual in the eyes of right
thinking members of society.
Fact: Marriage of Reenu was fixed with Abhineet, but owing to misunderstandings regarding the dowary demands, Abhineet refused to take
Reenu home in a full view of the guests.
a) Defamation concerns only with statements and not acts and thus Abhineet is not liable.
b) Reputation of Reenu was definitely lowered In the Eyes of right thinking people by such act and thus Abhineet is liable.
c) Abhineet is not liable for defamation.
d) Accepting dowry is a punishable offence and thus Abhineet is liable.
Q.2 Principle I : A person defames another if he states anything, which exposes the other to hatred or ridicule or results in him being shunned
by others or injures him in his trade, business or profession.
Principle II: To commit the offence of defamation, there must be communication of defamatory statement to a third party.
Facts: A, a patient of B, is dissatisfied with the treatment and after sometimes leaves the city. After a while, his illness was automatically cured
by lapse of time. A was upset because B had made him spend lot of money on the illness which got cured on its own. He writes a letter
accusing B of cheating. He alleges that B magnified the effects of the illness, deliberately treated him in a manner so that it persisted and also
caused deterioration of his health. The letter is shown by B to his lawyer. In consultation with his lawyer B files a suit for damages against A for
defamation.
a) A has defamed B and is liable to pay compensation.
b) A has defamed B when the letter was seen by the lawyer and therefore the compensation has to be paid.
c) A has not defamed B. d) Cannot be determined
LEGALIGHT
LI WHERE LAWYERS
ARE BORN.
MASTERCLASS
FOR CLAT

Q.3 Principle: In a civil action for defamation, truth of the defamatory matter is an absolute defence. However, the burden of proving truth is on
the defendant; and he is liable if he does not successfully discharge this burden. CLAT 2014
Facts: „D‟, who was the editor of a local weekly, published a series of articles mentioning that
„P‟, who was a government servant, issued false certificates, accepted bribe. adopted corrupt andillegal means to mint money and was a
„mischief mongex". „P‟ brought a civil action against „D‟,who could not prove the facts published by him. Under the circumstances, which of the
following derivation is CORRECT„?
(A) „D‟ would be liable, since he could not prove the facts published by him
(B) „D‟ would not be liable. as such an action could curtail the right of expression and speech of Press
(C) „D‟ would not be liable as media could publish anything
(D) None of the above
Q.4 Principle: Defamation is the publication of a statement which tends to lower reputation of a person in the estimation of other members of
the society generally. CLAT 2016
Facts: 'A' writes a highly offensive and derogatory letter about 'B', and sends it directly to 'B' in a sealed cover.
a.) 'A' is liable to 'B' for defamation, as the letter is highly offensive and derogatory and is directly sent to 'B'.
b.) A' is not liable to 'B' for defamation, since there is no publication to any other person in whose estimation the reputation of 'B' could be
brought down.
c.) 'A' is liable to 'B' for defamation, as the letter is highly offensive and derogatory.
d.) 'A' is liable to 'B' for defamation, as it has hurt his (B's) self-esteem.
LEGALIGHT
LI WHERE LAWYERS
ARE BORN.
MASTERCLASS
FOR CLAT

Q.6. Principle: Justification of truth is a good defence against the tort of defamation.
Fact: Saket Prakash, an advocate was involved in offence of raping a girl. Relying upon the FIR registered by the police, the news item was
published in a Telgu daily. The publication, however, gave an exaggerated versions with several deviations and improvements, with comments
as though Saket was in a way misfit to be continued as legal professional. Saket sued the news company for the tort of defamation.
a) Saket will succeed because he was fit to continue his legal profession though he was charged with raping a girl.
b) Saket will succeed because the statement was untrue in nature that lowered down his reputation.
c) Saket will succeed because the defamatory statement published by the company lowered down his reputation.
d) Saket will not succeed because in real sense, law takes away all the rights from a legal professional to continue his profession when a
person is convicted for raping a girl and thus the statement published in Telgu daily was true in nature.
Q.7 LEGAL PRINCIPLE: Defamation means publication of a statement injuring the reputation of a person without lawful justification. Such
statement must reflect on a person’s reputation and tends to lower him in the estimation of right thinking members of the society generally or
tends to make them shun or avoid him. AILET 2014
FACTUAL SITUATION: Madam Tussauds Ltd. decided to keep a waxwork exhibition, and placed an effigy of Babloo Prasad with a gun, in a
room adjoining the “Chamber of Horrors”. Mr. Babloo Prasad had been tried
for murder in India and released on a verdict of “not proven guilty'” and a representation of the scene of the alleged murder was displayed in
the Chamber of Horrors. Is it amount to defamation?
DECISION:
a) No Defamation as Babloo was an accused. b) Defamation as his guilt was not proved and he was released by the court.
c) No defamation as there was no proper publication d) None of the above.

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LEGALIGHT SESSION-11

PRACTICE QUESTIONS (OLD PATTERN)

PRACTICE QUESTIONS (OLD PATTERN)

PRACTICE QUESTIONS (OLD PATTERN)

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