- 20 Marks
BCL – L1 – Q103 – Tort
Question
Rita, a member of staff sent an email on your company’s intranet to another colleague Yaw in which the author among other things branded all Accountants as liars and corrupt. On receiving the email, Yaw also distributed the message to other colleagues and eventually a friend of yours in the office, Joyce, sent you a copy of that email. As the Chief Accountant and head of the accounts department, you feel that this information is false and it has affected your reputation in the office. You are seriously contemplating taking an action against the person who sent the email around.
(a) What are the differences between slander and defamation?
(b) What are your rights in law in this regard and what possible defences can the parties listed above provide?
Answer
(a). Candidate should identify that this is a case of tort.
Defamation is a false statement presented as a fact that causes injury or damage to the character of the person it is about. Slander is a type of defamation which is an untrue statement that is spoken orally and libel is a type of defamation which is an untrue statement that is written.
Candidate is to identify the mode of communication as a key factor.
Libel endures longer than slander, more significance is attached to libel. If the thing is written, permanent and visible to the eye it amounts to libel. With appropriate case (Monson v. Tussauds).
Candidate to indicate that libel reflected on each member of the group.
Candidate to prove that the group is ascertainable (2 marks).
Candidate to identify the effect of the defamatory statement backed by relevant appropriate case (Mensah Gyimah v The Republic).
Candidate to indicate that the statement is defamatory and will be able to sue the parties successfully for damages or injunction.
(b). The major defences to defamation are:
- Truth;
- the allegedly defamatory statement was merely a statement of opinion;
- consent to the publication of the allegedly defamatory statement;
- absolute privilege;
- qualified privilege;
- Retraction of the allegedly defamatory statement.
- Tags: Defamation, Defences, Legal Rights, Tort, Workplace Ethics
- Level: Level 1
- Topic: Tort
- Uploader: Samuel Duah