30 Questions
Which type of defamation is committed through speech or gestures?
Slander
What form does libel take?
Permanent
Under common law, which type of defamation is considered to provoke a breach of the peace?
Libel
Which type of defamation is a crime as well as a tort?
Libel
When is libel actionable per se?
When no proof of actual damage is required
Which of the following is not a type of defamation under common law?
Treason
Defamation may include implied or veiled attacks known as:
Innuendo
When a claimant argues that words have an inner meaning, it is known as:
Innuendo argument
What must the claimant do to support an innuendo in a defamation case?
Plead and prove relevant facts to support the innuendo
Which form does innuendo NOT take in defamation cases?
Innuendo derived from the words themselves
Which type of spoken words is NOT actionable in a slander case?
Vulgar abuse
What must a claimant prove in order to succeed in a common law defamation case?
That the words were defamatory
Under what circumstances could the same words be considered slanderous?
When spoken in a heat of a violent quarrel
Which court case emphasized that a defamatory statement tends to lower the claimant in the estimation of right-thinking members of society?
Abdul Malik Kwaku Baako vs. Kennedy Ohene Agyapong
What is the primary purpose of the tort of defamation according to Professor E.O.Adekolu v. The University of Development Studies?
To protect individuals from false imputations harming reputation
In a common law defamation case, what does the claimant need to show about the words published?
That the words were defamatory and referred to the claimant
Which element must a claimant establish in a common law defamation case if the words refer to them?
The words were defamatory
What defines a defamatory statement in the context of lowering the claimant's reputation?
A statement that lowers the claimant's reputation in society
In order for a group of people to have an action for defamation, what must be established?
The individual members of the group
What factor affects the likelihood of an ordinary reasonable person inferring that the claimant was referred to in a defamatory statement?
The size of the class impugned
What must the claimant establish to prove defamation in terms of publication?
The words were shared with at least one person other than the claimant
Why is publication to the claimant alone not actionable in a defamation lawsuit?
To protect a person's reputation among other people
In what scenario is there no publication of defamatory words?
When the person understands the language used
Why are individuals with disabilities not considered victims of defamation due to the lack of publication?
The tort of defamation only protects against injury to reputation among others
Who bears the burden to prove that the words were spoken in heat and anger?
Defendant
In a defamation case, who needs to prove that the statement was referable to the claimant?
Claimant
What must the statement reasonably do to be understood as referring to the claimant?
Be understood by reasonable people
Is it necessary for the defendant to have intended the statement to be defamatory of the claimant?
No, it is not necessary
What happens if a statement is not true of one person but defamatory of another person with the same name and description?
The defendant may be liable for defamation
Who must the statement reasonably refer to for the claimant to establish defamation?
Reasonable people
Test your knowledge on defamation law by answering questions related to resolving defamation issues, the definition of defamatory statements, and legal cases such as Abdul Malik Kwaku. Explore whether A can successfully sue B for defamation based on false publications.
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