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Which of the following sets of defences available in an action for defamation?

A. Truth, privilege, mistake

B. Privilege, mistake, fair comment

C. Privilege, truth, fair comment

D. Truth, mistake, fair comment

Answer: Option C

Solution(By Examveda Team)

Option C: Privilege, truth, fair comment

In an action for defamation, the following set of defenses are available:

Privilege: This defense applies when the statement is made in a protected context, such as during a court proceeding or in a legislative session. It allows individuals to make statements without the fear of defamation claims.

Truth: If the statement is true, it is a valid defense against a defamation claim. The truth provides a strong shield against allegations of defamation, as a statement that can be proven true cannot be considered defamatory.

Fair Comment: This defense allows individuals to express their opinions, criticisms, or comments on matters of public interest. For the defense to apply, the comment must be based on facts, relate to a matter of public interest, and be recognizable as an opinion rather than a statement of fact.

Option A: Truth, privilege, mistake
This option is incorrect. While truth and privilege are valid defenses, "mistake" is not typically considered a defense in an action for defamation.

Option B: Privilege, mistake, fair comment
This option is incorrect. While privilege and fair comment are valid defenses, "mistake" is not typically considered a defense in an action for defamation.

Option D: Truth, mistake, fair comment
This option is incorrect. While truth and fair comment are valid defenses, "mistake" is not typically considered a defense in an action for defamation.

The correct answer is Option C: Privilege, truth, fair comment, as these are the sets of defenses available in an action for defamation.

This Question Belongs to Law >> Law Of Torts

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Comments ( 1 )

  1. Tilak Singh
    Tilak Singh :
    9 months ago

    Sir,
    Defences to Defamation are
    1. Justification or truth
    2. Fair comment
    3. Privilege
    Mistake certainly is not a defence. Therefore, correct answer should be C and not D. please reconsider your answer.
    Regards
    Tilak Singh V
    tilaksinghv@gmail.com

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