Defamation Cases
Defamation Cases
Defamation Cases
Case
Facts
Sunanansingh v At a public meeting D
Ramkerising said Ps sister-in-law
was living with him and
pregnant for him. P was
banished from his caste.
Allen v Miller Ds words alleged that P
had a VD althought they
did not literally mean
that.
Murray v
Williams
Jones v Jones
D accused P of having
consumption and said
his wife and family had
it too.
Held
Principle
No Slander Slander needs proof
b/c no special of special damage.
damage.
Loss of friends will
not suffice.
Defamation
by context
Jordan v The
Advocate
Ramkhelawan
v Motilal
The defence of
mere vulgar abuse
Defence of
mere vulgar
Other
The loss must be the
legal and natural
consequence of the
defamation.
The test to be
applied is not that of
the school teacher
but that of the
reasonable man in
the canepeice where
the words were said.
Imputations of
illnesses other than
VDs will not be
actionable under
slander.
At common law the
disparagement must
be in the way of Ps
profession or trade.
It matter not whether
the reference to P
was intended or
whether D knew the
special fact which
might lead people to
think of P.
Once defamation is
established it will be
False or
Popular
innuendo
abuse must
fail.
Bryne v Dean
No
defamation
Lewis v Daily
Telegraph
Bonaby v
Nassau
Guardian
D published that P, an
RM, was involved in a
drug investigation but
had not accepted any
payoffs.
No
defamation
Griffiths v
Dawson
D accused P of being a
criminal and having
sabotaged his life by
blackballing him.
No
defamation
Maxwell v
Forde & St.
John
D accused lawyers
running for elections of
treason for representing
organization claiming
countrys prized
Accusation of
treason not
defamatory
but
imputation of
True or
innocent
innuendo
Reference to
plaintiff
Class or
Group
defamation
P verbally abused D, N
and others. D wrote a
report to N suggesting
that P was from a
subcultural background.
Cassidy v Daily DMN published that X
Mirror
and C were engaged
when they were in fact
married.
improper
financial gain
was.
No
In light of the
defamation egalitarian society
in which they were,
words could not be
defamatory
Defamation Anyone knowing X
and C were living
together might
think it immoral.
Class or
Group
Defamation
Ramsahoye v
Peter Taylor &
Co. Ltd.
D said a group of
members of the govt.
were professionals
acting unprofessionally.
Defamation
Unintended
defamation
Defamation
Unintentional
defamation
Newstead v
London
Express
Newspaper
Haynes v
Johnson
D published a factual
report of Xs trial. X and
P had the same name
and lived in the same
place. P sued.
Defamation
Defamation
Professional in that
society meant
lawyers and Drs.
and there were only
3 lawyers and 1 Dr.
in Govt.