| Direction: A principle principles and a fact situation are given in questions decide only on the basis of the principle(s). |
| Principle A statement is defamatory in nature if it is injurious to a person's reputation and if the statement has been published The person must have published the defamatory statement himself, or intentionally made the circumstances such that such publication was inevitable. The exception to the tort of defamation could be the defence of genuine belief of the person's guilt. |
| Facts Lakshmi accuses Malika of stealing her watch because she believes that Malika had certairrrnalicious reasons to do so. She pens down her allegations and leaves it on the table. She subsequently forgets about the piece of paper. After a couple of days, Nastassia, Malika's arch enemy chances upon the paper. Finding it to be the perfect opportunity to spite Malika, she publishes the paper in their monthly building review paper. |
A) Lakshmi is not liable for defamation since she genuinely did not intend to get the paper Published
B) Lakshmi is not liable for the defamatory statement since she honestly believed it to be the truth
C) Lakshmi is liable for the defamatory statement since the sentence is published and has damaged Malika's reputation in her building
D) Lakshmi is liable for defamation since she forgot about the piece of paper and negligently left it lying around
Correct Answer: B
Solution :
Lakshmi is not liable for defamatory statement, because she believes that Malika had certain malicious reasons to do so, as it is an exception to the tort of defamation, if someone has a genuine belief of the person's guilt.
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