‘Law of Defamation’
Table of Contents
Table of Contents2
Terms of Reference3
The Law of Tort5
The Law of Defamation7
Criteria for establishment of a case of a defamation8
The Defamation Act 2009 V The Defamation Act 196110
Analysing of Defamation Case12
Terms of Reference
This assignment, was requested by tutor, Legal Studies Teacher and it is the second assignment of the Legal Studies Module requested by the Fetac Level 5 Award and is essential to get a full FETAC certificate. This assignment should be submitted in a form of a structured report on the Irish Legal system. Should include a comprehensive evaluation of the topic, well-structured and well-presented, should be compiled by using the house-style form for compiling a report.
This report was mostly compiled by using the secondary research technique. This means that to get all necessary information and to be able to write this report several books, magazines and various web-sited were browsed and read.
The main book used to gather information for this report was Keenan, A. “Essentials of Business Law”. The main web-sited used was www.courts.ie.
Class notes, lectures attended were very helpful too.
The Law of Tort
A tort is a civil, as opposed to a criminal, wrong for which the normal remedy is a common law action for unliquidated damages. As being a civil wrong Law of Tort deals usually only with private disputes between persons or organizations. When the criminal cases involve an action that is considered to be harmful to society as a whole. In civil law, a private party (e.g., a corporation or individual person) files the lawsuit and becomes the plaintiff. In criminal law, the litigation is always filed by the government, who is called the prosecution. Civil cases usually go to district court or small-claim courts first, and only if the defendant is completely disagree with the court’s decision and want to appeal or if a loss caused by the defendant’s action was too high, so only in these circumstances, a particular case will go in a higher court/s.
There are three main groups of wrongs where law of tort can be applied:
1) causing physical injury to another intentionally or negligently (trespass to the person or negligence); 2) interfering with another’s land or goods (trespass to land, trespass to goods and nuisance); 3) making a false statement about another (libel and slander)
Also, the Law of Tort won’t be applied if the plaintiff cannot prove the following: - that the defendant has infringed a right of theirs recognized by law, whether it was a harm or not; - that some damage was caused to them by the tortuous act.
If there was damage but no proves of infringement of a legal right, in this case the sufferer has no remedy. Although if there is a prove of breaking of the law of tort the defendant will be found guilty, no matter whether the plaintiff has suffered any harm or not.
Defendants may try to refute an allegation that they have committed the tort. They need only to argue any of the following defences: - inevitable accident, when injury could not be avoided and there is a prove that no reasonable precaution would have prevented the occurrence of an accident; - consent of the plaintiff (i.e. a footballer can not sue as a result of a broken leg suffered in a match) - necessity, when the tortious act is not actionable( i.e. the defendant tried to prevent some greater damage, and there was no reasonable alternative); - statutory authority, where a statute has expressly authorized the action; - limitation of actions, where two years have passed since the cause of action accrued (the...