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 commentIn 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.
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Comments ( 1 )
The 'tort of intimidation' was propounded in
A. Winterbottom v. Wright
B. Pasley v. Freeman
C. Winsmore v. Greenbank
D. Rookes v. Barnard
The maxim 'scienti non fit injuria' means
A. Where there is no fault, there is no remedy
B. Mere knowledge does not imply consent to take risk
C. Mere giving consent does not imply to take risk
D. Scientific knowledge is not enough to cause injury
A. Scott v. London & St. Katharine Docks Co.
B. Hedley Byrne Co. Ltd. v. Heller & Partners
C. Derry v. Peek
D. Cann v. Willson
A. Section 82 of the Evidence Act
B. Section 102 of the Evidence Act
C. Section 122 of the Evidence Act
D. Section 124 of the Evidence Act
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