What Interest Is the Tort of Defamation Intended to Protect

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Examlex · Accepted Answer

The Answer is The purpose of the tort of defamation is intended to protect reputations.Defamation occurs when the defendant makes a statement that could lead a reasonable person to have a lower opinion of the plaintiff.Justification is a defence that must be proved by the defendant.

The requirement of publication means that the tort of defamation is not committed unless a defamatory statement regarding the plaintiff is communicated by the defendant to a third party.The need for publication is directly related to the goal of protecting reputations.The plaintiff's reputation is based on what other people think of them.Other people will not think less of the plaintiff unless the defendant communicates the defamatory statement to them.Consequently, the tort of defamation is not committed if the defendant merely communicates a defamatory statement to the plaintiff as part of a private conversation or argument.Although the plaintiff may be upset by such a statement, their reputation has not been damaged if a third party was not present to receive the communication of the statement.

What Interest Is the Tort of Defamation Intended to Protect

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