Defamation Duty of care (ENGLISH Legal System-Law of Torts)

Posted: May 15th, 2023

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Defamation Duty of care (ENGLISH Legal System-Law of Torts)

Instructions
Hello, make sure are familiar with English Legal System and Law of Torts particularly before you start.
Also plagiarism can’t be more than 10%!!!! Please, pay your greatest attention to this. Each work goes through the Turnitin, and if the percentage is more it won’t be even accepted.

This Assessment consists of 2 questions which should be critically examined: Defamation and Duty of Care.
You can find questions and some of my personal and teacher’s comments below, as well as our slides form lectures attached.

1. DEFAMATION (should consist of two parts)
There is 1 file attached, please, read it carefully before you start, since this is the whole lecture about Defamation we were given. Teacher said first 10 slides are the most important ones, but don’t copy past anything from it.
-First part:
• What is? The set of rules which protects the reputation of someone
• Substantial injuries not injured feelings
• Involves 2 human rights: privacy and freedom of expression
• Public interest – like if you know something about the president (he made money roundly) is something that people must know
• Law reform: statutory reform – defamation act 2013 and Theatres Act 1968.
• LIBEL (writing, statement, permanel form- skets, &SLANDER (oral) what about voicemail? – LIBEL case of Cooper V Turrell (2011) EWHC 3269-(theatres Act 1968) – Monson v Tussauds Ltd (1894) ! QB 671- online material can be libel
LIBEL can also be criminal prosecuted if the public authorities believe that by prosecuting such an action is public interest
o Traditional LIBEL was actionable per se
• Slander: Reach Local UK Ltd v Bennett (2014) EWHC 3405 HHJ disagree with the case of cooper and believe that the voicemails are slander.
Mention exceptions like:
• Contagious disease – S1.4(2) now requires proof of special damage for the third exception i.e. the Claimant has contagious disease of a kind that could lead to them being excluded from society.
• Is unfit for their trade, profession or business or any appointment they hold
• Has committed an imprisonable offence
• Female Claimant, she is not chaste – s.!.4(1) repeals the last exception i.e. in the case of a female Claimant is not chaste; and
• S1,4(2) now requires proof of special damage for the third exception i.e. the Claimant has a contagious disease of a kind that could lead to them being excluded from society
The old law what said what changes:
✓ Case: James v Dow Janes & Co Inc [2005] EWCA Civ 75 (Jameel principle) – ‘real and substantial tort, abuse of process- this case apply both SLANDER and LIBEL

-Second part:
Who can and cannot bring defamation claim?
Defamation claim is terminated when a person dies?
We refer commercial entities specifically to legal ones.

2.DUTY OF CARE
There are 2 files attached. Please, read them carefully before you start, these were our lectures.
Use cases which were mentioned on these slides only, and don’t copy past.
Here basically questions are the same as for Defamation. That means you should widely disclose the topic, paying first of all attention to the most important case in duty of care (Donoghue v Stevenson [1932] AC 562), explaining principals and statutes.

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Dear customer,

Thank you for providing detailed instructions for your assessment on Defamation and Duty of Care in the English Legal System-Law of Torts. As an AI language model, I am capable of providing guidance and answering questions related to these topics.

Regarding Defamation, it is a civil wrong that protects the reputation of an individual from untrue statements that are made by another person. The set of rules governing Defamation protects the reputation of an individual by compensating them for any substantial harm or injury caused by untrue statements. The right to reputation is protected under two human rights: privacy and freedom of expression. Defamation law strikes a balance between these two rights and ensures that false statements are not used to injure an individual’s reputation.

The Defamation Act 2013 is a statutory reform that has significantly changed the law of Defamation in the UK. It has introduced a series of measures that balance freedom of expression with the right to reputation. The Act has also clarified and updated several aspects of the law, including the defences available to a defendant in a Defamation case.

In addition to the Act, the Theatres Act 1968 provides specific protection to theatres and their employees against Defamation claims. It is essential to understand the differences between Libel and Slander in Defamation claims. Libel refers to written or published false statements that cause substantial harm to an individual’s reputation. Slander, on the other hand, refers to spoken or oral false