LAW 122 Lecture Notes - Lecture 3: Qualified Privilege, Contributory Negligence, False Statement
23 Mar 2016
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Plaintiff must prove: false statement is made, knowledge by the defendant that statement is untrue, defendant intended to mislead the plaintiff, plaintiff suffered loss, as a result of reasonably relying upon defendant"s statements. False statement; requirement of false statement can be satisfied by: positively untrue, half truth, failing to update information. Remedy: compensatory damages, the plaintiff is entitled to b put into the position they would have enjoyed if the defendant had not lied, not the position they would have enjoyed if the defendant"s statement had been true. Defendant makes a false statement that could lead a reasonable person to have lower opinion of plaintiff. Plaintiff must prove: the statement was not true, the statement reasonable refers to plaintiff. The defendant must not necessarily have the intention to refer to the plaintiff (recall: purpose is to defend reputation) Claim for defamation can be made by any sort of living person (e. g. corporations: risk management.
