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9 Cards in this Set
- Front
- Back
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Sim v Stetch |
I propose...the test: would the words tend to lower the plaintiff in the estimation of right-thinking members of society generally.
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Parmiter v Couplan |
Defamatory expression may take the form of an imputation calculated to bring the claimant into hatred, contempt or ridicule. (though this has been said to be too narrow a definition) |
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Vulgar abuse |
Distinguishable from defamatory expression as it is not actionable at common law |
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Parkins v Scott (vulgar abuse) |
Vulgar abuse embraces words spoken in the heat of argument that were intended and understood by those who heard them as a mere insult |
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True innuendos |
Apparently innocent statements that when conjoined with certain extrinsic facts clearly yield a defamatory meaning. |
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Tolley v Fry (true innuendo) |
D published an advertisement in which C, a famous amateur golfer endorsed D's brand of chocolate. D did not secure C's permission prior to publication. C argued there was a defamatory implication (C had been paid by D and had therefore acted in a manner inconsistent with his amateur status. HL accepted the advertisement was capable of having a defamatory meaning. |
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Components of a true innuendo |
Expression and Extrinsic facts |
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Fulham v Newcastle Chronicle & Journal (true innuendo) |
C must prove publication to a person or persons who have knowledge of the extrinsic facts |
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False Innuendo |
Pleaded meaning is simply a matter of implication from the words themselves. If the words used are incapable of bearing the meaning the claimant alleges, the claim will fail. (Jones v Skelton) |
