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17 Cards in this Set
- Front
- Back
what is Defamation |
publication of a statement, person, lower him in the estimation of right thinking members of society generally or tends to make ppl shun or avoid him |
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types of defamation |
libel, slander |
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what is libel |
dfm in permanent form, visible to eyes, actionable per se, plaintiff need not to prove any damages |
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what is slander |
dfm in temporary. thru words or gestures. not actionable per se |
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exception |
1. slander to woman 2. profession & business reputation 3. contagious disease& crime |
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cases exception |
luk kai lam - pelacur, rm50 wan abdul rashid v s subramaniam c sivanathan - crime |
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elements |
1. words are defamatory 2. words refer to ptf 3. words hv been published |
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1. words must be defamatory |
kes dp vijandran v karpal singh s420 kes lau chee kuan - kes hantu, appellant |
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3 ways |
1. natural & ordinary meaning 2. innuendo 3. juxtaposition |
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natural meaning |
ayob bin saud kes tanah mahal test: wld reasonable man hv tendecy to look down upon the ptf |
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innuendo |
not literal meaning false innuendo and legal innuendo |
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false innuendo |
implications arising from them - lee kuan yew |
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legal innuendo |
prove: external facts other than words facts are known - tolley v fry |
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juxtaposition |
visual effects - monsoon v tussauds - syed kechik |
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2. words must refer to ptf |
test: david v canavan - are the words such that it wld reasonable in the circumstances to lead persons acquainted w the ptf to believe that he was the person referred to? kes atip bin ali v josephine |
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3. words must be published |
third party - dr jenni ibrahim v s pakianathan |
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defences |
consent justification fair comment |