Gng4170 Lecture Notes

In common law, defamation in writing is classified as Libel, and oral defamation as Slander” There are four elements of defamation.

According to section 26 of the Wrongs Act 1958 (Vic.), the result of a successful plea of contributory negligence will be an apportionment of damages. So, if a defendant is a negligent without any contributory negligence by the plaintiff, the plaintiff will receive 100 per cent of the damage, but if the plaintiff is held to be contributory negligent to the extent of 40 per cent, then the plaintiff will only receive 60 per cent of the damage. (FoBL, 2005, p84) For instance, the case of Liftronic Pty Ltd v. Unver[10], the defendant (Liftronic Pty Ltd) was found liable in negligence but Unver’s damages were reduced by 60 per cent due to his contributory negligence.

state prosecutor. (Lippman, 2007) The purpose of the civil action is to compensate you with

Defamation is defined as a statement that injures another party’s reputation. Defamation includes both written statements, libel, and spoken statements, slander. In order to prove defamation 4 things must be shown: a false statement claiming to be true is made, sharing that information either verbally or through written communication with a third party, fault and damages.

Due to the direct or proximate cause of negligence from the defendant has led to a disaster of massive proportions. The defendant through their inactions and negligence in the up-keeping, maintenance, and construction of the dams, that eventually led to the disaster, owe the plaintiff punitive damages.

Royal Insurance Company, Ltd, the issue of holder in due course arises. Federal Credit Union had a check deposited into their bank by a member for the amount of $12,000. This check at the time was of deposit was in dispute but not known to the depositor nor the Credit Union. Royal Insurance Company issued a stop payment on the check the same date that it was deposited. Immediately upon receiving the check the credit union deposited it and forwarded it to Morgan Guaranty for payment. Morgan Guaranty is the bank used by Royal Insurance and the check was payable through them. The definition of Holder in Due Course is “a holder who takes an instrument for value, in good faith, and without notice that it is defective or overdue” (Cheeseman, 2013). The payee or bearer in this case deposited the check or negotiable instrument into the credit union. The credit union would fall under the holder in due course according to doctrine. There was at that time no evidence of forgery, alterations, or irregularity upon presentation of the check to the credit union. In this case the Credit Union wins. According to the HDC doctrine and the requirements for holder in due course the bank is owed the money that was deposited by the maker or drawer of the check. The UCC requirement for taking without notice of defect requirement stipulates that “ a person cannot qualify as an HDC if he or she has notice that the instrument is defective in certain

To conspire to defame a plaintiff, two or more persons must agree to intentionally make false representations about another that causes the other harm.

Libel simply is "defamation of character by published word", the publishing of falsities to hurt a person's reputation or standing. However, now it is not limited to only printed word as in newspapers or magazines. Slander, which is defined as "defamation of character by spoken word" is now portrayed as a form

A defendant, like TEACHER, would be held liable for negligence, if the plaintiff, JENNIFER, can prove that there was a duty owed to her, that TEACHER breached that duty, the breach of that duty was the actual and proximate cause of Betty’s injuries.

By definition defamation is the act of injuring someone’s character or reputation by false statements. Cases of defamation are only considered attacks on if they are made in a vindictive or malicious manner. The person’s name is considered not only personal but proprietary right of reputation. Defamation is synonymous with the words libel and slander in terms of law. Defamation is a term that encompasses both libel and slander. Libel is a term used to describe visual defamation; as in newspaper articles or misleading pictures. Slander describes defamation that you can hear, not see. It is mostly oral statements that tarnish someone’s reputation.

Negligence is defined as “the breach of a legal duty of care which causes loss or injury to the person to whom the duty is owed”. (Keenan,

In the case at hand, this would not be an issue since Facile acknowledged that the work in question is non-compliant. The contractor would then be under obligation to remedy such defects with no additional cost. Additionally, if the time taken to remedy such defects causes delay to the project, the contractor will be liable to pay the liquidated damages to the employer as per the

Defamation is a set of laws that protect people from getting their reputation injured. It is there to balance the right of citizens to protect their reputations with the democratic right to the community to freedom of expression (Media law Book polden and pearson). It offers remedies to aggrieved persons and offers defences to those accused of producing the defamatory material.

Defamation is a published statement that damages someone’s reputation or holds them up to ridicule (Mark, 2011, pg 207). It was originated in the church courts because a person’s reputation was considered a part of his or her soul (Mark, 2011, pg 207).

Duty of care, as there must be a duty owed to the plaintiff, a failure to take care during the manufacturing process, resulting in a particular product being defective.