A fair and bona fide comment on a matter of public interest is a good defence in an action for defamation. Every person is entitled to express his opinion on matters of public interest. A statement is privileged if it is a fair comment on a matter which is of public interest, or is submitted … Read more
In an action for defamation truth of the defamatory statement is a complete defence. But under the criminal law truth of the statement is no defence. If the defendant proves that the defamatory statement is true, no action will lie for it, even if he had published the statement maliciously. If the statement is true … Read more
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 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
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
The assault or battery may be justified in the following cases: (1) Defence of Person It is a principle of common sense that a person when attacked should be permitted to defend himself. Self defence or defence of one’s wife or husband, children, parents or one’s master is always permissible under English law, This plea … Read more
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
Plaintiff’s right to rely on the duty of care of others There are certain circumstances when the plaintiff is entitled to asusme the absence of danger and he is not bound to anticipate and take precaution against the possible negligence of the defendant. Contributory negligence is no defence when the plaintiff suffers due tothe defendant’s … Read more
Contributory negligence of the children If a plaintiff is a child or other persons under some form of personal ability, it is enough if he shows as much care as a person of that kind may reasonably show. He will not lose his remedy simply because a person of full capacity might, by using some … Read more
This doctrine is also referred to as “the dilemma principle”, “choice of evils” or the agony of moment. Where the plaintiff is suddenly put in a position of imminent personal danger by the wrongful act of the defendant and he takes a reasonable decision to avoid the danger and acts accordingly and suffers injuries consequently, … Read more