Defamation
What sort of harm does defamation cause?
Reputational harm
D B C H
Dead Bodies Can't Hide
What is a defence?
Argument made by the defendant to remove/reduce liability for their acts/omissions
Provide 1 type of harm/loss that can be suffered.
Physical OR Psychological OR Property OR Economic
What do you need to include in Section/Part B?
Stimulus OR Facts OR Article
What is the limitation of actions for defamation?
1 year
Define negligence.
Negligence is a careless act or omission which causes harm, injury or loss to another
What is a defence that applies to both negligence and defamation?
No harm/loss OR no causation
What phrase can be used to describe the balance of probabilities?
More likely than not
How many marks is an 'explain' question usually worth?
3 marks
What are the 5 letters to help you remember the 5 elements of defamation?
DUPIH
List 2 types of categories where a duty of care is presumed.
Teacher/student OR doctor/patient OR motorists/other road users OR manufacturers/consumers
What does the defendant need to argue for contributory negligence?
Plaintiff contributed to the harm
Who has the burden of proof for a counterclaim?
Defendant
Can you be asked the key skill of 'discuss' in this SAC?
No
What are the two ways identification can be argued?
1. Directly named. 3. Ordinary person reading the statement would reasonably conclude it refers to the plaintiff.
A breach of duty of care occurs when...
... the defendant failed to do what a reasonable person would do in the circumstances.
In what situation can the defence of absolute privilege be argued?
Person making statement is: MP in Parliament OR between spouses OR lawyer/client OR during court proceedings
What interrupts the chain of causation?
An intervening act
What does 'tort' mean?
A civil wrong
Publication: When is a statement not published?
If the statement is made to the intended person directly and in private
List 1 exception to owing a duty of care
Risky activity + waiver OR good Samaritan act OR donated food OR volunteers
What does 'volenti non fit injuria' mean?
Voluntary assumption of risk
What are 3 key terms/phrases related to vicarious liability?
Authorised task OR in the course of their employment OR employer OR employee OR employer held liable for actions of employee
Provide 1 example of a tort that is NOT defamation or negligence.
Nuisance OR Trespass