Tort (AILET Legal-Aptitude): Questions 23 - 24 of 29
Get 1 year subscription: Access detailed explanations (illustrated with images and videos) to 152 questions. Access all new questions we will add tracking exam-pattern and syllabus changes. View Sample Explanation or View Features.
Rs. 150.00 or
Question number: 23
Appeared in Year: 2013
LEGAL PRINCIPLE: Defamation means publication of a false and derogatory statement about another person without lawful justification.
FACTUAL SITUATION: A writes a defamatory letter to B containing defamatory remarks in reference of B in Urdu language. A is aware that B does not know Urdu. B goes to C who knows Urdu and the letter is read over by C to him. B sues A for defamation.
A is not liable because there is no publication of defamatory statement
A is liable
A is not liable because he is unaware that the letter can be read over by someone else to B
A is not liable because he addresses the letter to B and not to C
Question number: 24
Appeared in Year: 2015
LEGAL PRINCIPLE: A statement is defamatory in nature if it is injurious to a person’s reputation and if the statement has been published.
FACTUAL SITUATION: Rudra had been dating a girl named Kiara for three weeks. But he had introduced himself to her as Ricky Thakur (who is one of Rudra’s friends) and he continued to be Ricky for the rest of their relationship. But ultimately the relationship ended badly and Kiara being upset and angry at Rudra started a website named ‘ricky-thakur-is-a-jerk. com’. She created this website so as to warn other girls about ‘Ricky Thakur’. The real Ricky Thakur files a suit for defamation. Decide.
Rudra shall be held liable as he had led Kiara into thinking that he was Ricky Thakur and moreover, it was his fault in the first place that made Kiara create this website.
Kiara cannot be held liable as she had actually been referring to Rudra and not the real Ricky Thakur.
Kiara cannot be held liable as her act was done in good faith as she intended to warn other girls.
Kiara shall be held liable for defamation as she published a statement which was injurious to Ricky’s reputation.