Chapter 14 Self-test questions

. Which of the following statements is not true of the tort action in defamation?

There is always a right to trial by jury.

Legal aid is available to bring an action in defamation.

A company as well as an individual can bring an action in defamation.

It is one of the most complex torts.

. In which of the situations below is the tort of slander actionable without proof of damage?

Imputation of incompetence.

Imputation of a contagious or infectious disease.

When the claimant says that financial advantage has been lost as a result of the slander.

. Which of the following is not in itself evidence of a defamatory statement?

Exposure to hatred or contempt.

Lowering someone in the eyes of 'right-thinking members of society'.

Mere ridicule. Section 1(1) of the Defamation Act 2013 provides that only cases involving serious harm to the claimant's reputation can be brought in defamation.

Implication of being 'hideously ugly'.

. A false innuendo is where a defamatory inference can be drawn from the words themselves in their ordinary and natural meaning.

True

False

. Which of the following does not qualify as publication for an action in defamation?

Speaking to a small group of people about a third party.

Writing a letter to one's spouse.

Repetition of a defamatory statement.

Posting a statement on a website.

. Which of the elements below is not required for 'reference to the claimant'?

The intention to refer to the claimant.

The judgment of a sensible reader who has knowledge of any special circumstances.

The reader's understanding that the statement referred to the claimant.

. Which one of the following cansue in defamation?

A local authority or government department performing a public function.

A member of a small group.

The estate of someone deceased.

. In Knuppfer v London Express Newspapers the plaintiff was successful in his defamation action.

True

False

. The case of O'Shea v MGN Ltd is a defamation case which engages which article of the European Convention on Human Rights?

Article 8.

Article 10.

Article 6.

. Amy is shopping in a street market with her friend Lucy when they arrive at Mrs. Patel's Pashmina Stall. Amy believes the 'pashminas' to be poor woollen imitations and not the rare textile which they purport to be. Amy exclaims loudly to Lucy, 'I wouldn't touch this rubbish and wouldn't trust anyone who tried to sell it.' A number of Mrs. Patel's potential customers hear Amy and drift off to other stalls. What advice would you give to Mrs. Patel, who is thinking of bringing an action in defamation?

She would have no chance of success because the spoken word is not actionable as slander without proof of damage.

She would have no chance of success because Amy's words were not intentionally published to the other customers.

She should sue in slander and would have a good chance of success.

She should sue in libel and would have a good chance of success.

. The Defamation Act 2013 aims to strike the right balance in protecting freedom of speech of speech and protection of reputation.

True

False

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