Malicious Prosecution

Malicious Prosecution is a tort maliciously and without reasonable and probable cause to initiate against another judicial criminal proceedings which terminate in favour of that other and which result in damage to his reputation, person freedom or property. For example suppose, ‘A’ makes a false complaint against ‘B’ for having committed burglary with a view … Read more

Privilege: Most important defence to an action for defamation

The most important defence to an action for defamation is that of privilege. “Privilege” means an excuse or immunity conferred by law on statement or communication made on certain occasions called “Privileged occasions.” Privilege is of two kinds : (I) Absolute privilege On certain occasions freedom of speech and expression requires absolute freedom. On such … Read more

Defamation:Meaning and essential elements

According to Dr. Winfield ‘Defamation’ is the publication of a statement which tends to lower a person in the estimation of right-thinking members of society generally or which tends to make them shun or avoid that person. In Drunond Jackson v. B.M.A., the Court accepted the above definition and restated the following observation: Defamation is … Read more

Libel and Slander

Libel A libel is a publication of a false and defamatory statement in some permanent form tending to injure the reputation of another person without lawful justification or excuse. In an action for libel the statement complained of must be false, permanent in nature and published. It must be in some permanent and visible form, … Read more

What is False Imprisonment?

False imprisonment as defined in Bird Vs. Jones, is a total restraint of liberty of a person, for however short time, without lawful excuse. It is an unjustified act of arresting, imprisoning or otherwise preventing a person from exercising his right of movement. It should be noted that to constitute a tort of false imprisonment … Read more

What is battery?

A battery may be defined as the actual striking of another person or touching him in rude, angry, revengeful or insolent manner. Battery is the actual application of force to the person of another done without justification in a rude, angry manner. In Gole Vs. Turner Holt O. J. observed: First, that the least touching … Read more