Homework Help – Topic:
\nDefamation Duty of care (ENGLISH Legal System-Law of Torts)<\/p>\n
Instructions
\nHello, make sure are familiar with English Legal System and Law of Torts particularly before you start.
\nAlso plagiarism can\u2019t be more than 10%!!!! Please, pay your greatest attention to this. Each work goes through the Turnitin, and if the percentage is more it won\u2019t be even accepted.<\/p>\n
This Assessment consists of 2 questions which should be critically examined: Defamation and Duty of Care.
\nYou can find questions and some of my personal and teacher\u2019s comments below, as well as our slides form lectures attached.<\/p>\n
1. DEFAMATION (should consist of two parts)
\nThere is 1 file attached, please, read it carefully before you start, since this is the whole lecture about Defamation we were given. Teacher said first 10 slides are the most important ones, but don\u2019t copy past anything from it.
\n-First part:
\n\u2022 What is? The set of rules which protects the reputation of someone
\n\u2022 Substantial injuries not injured feelings
\n\u2022 Involves 2 human rights: privacy and freedom of expression
\n\u2022 Public interest \u2013 like if you know something about the president (he made money roundly) is something that people must know
\n\u2022 Law reform: statutory reform \u2013 defamation act 2013 and Theatres Act 1968.
\n\u2022 LIBEL (writing, statement, permanel form- skets, &SLANDER (oral) what about voicemail? \u2013 LIBEL case of Cooper V Turrell (2011) EWHC 3269-(theatres Act 1968) \u2013 Monson v Tussauds Ltd (1894) ! QB 671- online material can be libel
\nLIBEL can also be criminal prosecuted if the public authorities believe that by prosecuting such an action is public interest
\no Traditional LIBEL was actionable per se
\n\u2022 Slander: Reach Local UK Ltd v Bennett (2014) EWHC 3405 HHJ disagree with the case of cooper and believe that the voicemails are slander.
\nMention exceptions like:
\n\u2022 Contagious disease \u2013 S1.4(2) now requires proof of special damage for the third exception i.e. the Claimant has contagious disease of a kind that could lead to them being excluded from society.
\n\u2022 Is unfit for their trade, profession or business or any appointment they hold
\n\u2022 Has committed an imprisonable offence
\n\u2022 Female Claimant, she is not chaste \u2013 s.!.4(1) repeals the last exception i.e. in the case of a female Claimant is not chaste; and
\n\u2022 S1,4(2) now requires proof of special damage for the third exception i.e. the Claimant has a contagious disease of a kind that could lead to them being excluded from society
\nThe old law what said what changes:
\n\u2713 Case: James v Dow Janes & Co Inc [2005] EWCA Civ 75 (Jameel principle) \u2013 \u2018real and substantial tort, abuse of process- this case apply both SLANDER and LIBEL<\/p>\n
-Second part:
\nWho can and cannot bring defamation claim?
\nDefamation claim is terminated when a person dies?
\nWe refer commercial entities specifically to legal ones.<\/p>\n
2.DUTY OF CARE
\nThere are 2 files attached. Please, read them carefully before you start, these were our lectures.
\nUse cases which were mentioned on these slides only, and don\u2019t copy past.
\nHere basically questions are the same as for Defamation. That means you should widely disclose the topic, paying first of all attention to the most important case in duty of care (Donoghue v Stevenson [1932] AC 562), explaining principals and statutes.<\/p>\n
___________________
\nDear customer,<\/p>\n
Thank you for providing detailed instructions for your assessment on Defamation and Duty of Care in the English Legal System-Law of Torts. As an AI language model, I am capable of providing guidance and answering questions related to these topics.<\/p>\n
Regarding Defamation, it is a civil wrong that protects the reputation of an individual from untrue statements that are made by another person. The set of rules governing Defamation protects the reputation of an individual by compensating them for any substantial harm or injury caused by untrue statements. The right to reputation is protected under two human rights: privacy and freedom of expression. Defamation law strikes a balance between these two rights and ensures that false statements are not used to injure an individual’s reputation.<\/p>\n
The Defamation Act 2013 is a statutory reform that has significantly changed the law of Defamation in the UK. It has introduced a series of measures that balance freedom of expression with the right to reputation. The Act has also clarified and updated several aspects of the law, including the defences available to a defendant in a Defamation case.<\/p>\n
In addition to the Act, the Theatres Act 1968 provides specific protection to theatres and their employees against Defamation claims. It is essential to understand the differences between Libel and Slander in Defamation claims. Libel refers to written or published false statements that cause substantial harm to an individual’s reputation. Slander, on the other hand, refers to spoken or oral false<\/p>\n","protected":false},"excerpt":{"rendered":"
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