BUSAD 120 Lecture 7: BUSAD_120_-_Lecture_7
Document Summary
Is it possible to defame someone: doesn"t matter how it was intended to be. Identify plaintiff enough for the people the statement if made to, can identify the person. Doesn"t require their name to be said: publish not limited to written publication can be oral, defences, justification (truth, absolute privilege, qualified privilege, honest opinion, tort of deceit. Carelessly causing harm: tort of negligence. If not within an established category must conduct tests; Then, must show that the salient features of the case are consistent with the existence of a duty of care. To establish a breach of duty it must be shown that the defendant failed to do what a reasonable person would have done in the same circumstances. Section 9, subsection 1 of the act. The risk was not insignificant (not too far fetched a risk), In the circumstances, a reasonable person would have taken the precautions; What is the probability of harm if care were not taken.
