Principle: Truth (justification) is an absolute defense to an action for civil defamation in tort.
Facts: A journalist publishes that an accused was convicted of forgery, which is proven to be completely factual and accurate. Accused sues for defamation. Will he succeed?
Answer and explanation
Correct answer: A. No, truth is an absolute defense to an action for civil defamation in tort
- Step 1: State the rule of civil defamation in tort law.
- Step 2: In civil actions for defamation, truth of the defamatory statement is a complete and absolute defense, because the law will not permit a person to recover damages for an unmerited reputation.
- Step 3: Since the statement was completely true, the suit cannot succeed.
Answer
No, truth is an absolute defense to an action for civil defamation in tort.
Practise more Torts: Vicarious Liability, Nuisance and Defenses.
Free questions with an explanation for every one, and full timed CLAT UG mock tests.
More Torts: Vicarious Liability, Nuisance and Defenses questions
- Principle: An employer is vicariously liable for torts committed by an employee in the course of employment.
Facts: A bank driver, while dri… - Principle: Volenti non fit injuria is a complete defense when the plaintiff freely consents to run the risk with full knowledge of its natur…
- Principle: Strict liability applies when a person brings onto land and keeps there something likely to do mischief if it escapes, unless the…
- Principle: Private nuisance requires substantial and unreasonable interference with the plaintiff use and enjoyment of land.
Facts: A neighb… - Principle: A master is not liable for torts committed by an employee when the employee is on an independent frolic of his own.
Facts: A deli… - Principle: The doctrine of absolute liability (M.C. Mehta v. Union of India) allows no exceptions when an enterprise engages in an inheren…