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DEFAMATION

Abdul Wahab Galadari v. Indian Express Newspaper AIR 1994 Bom 69

ISSUE:

Whether the publication of the articles was in public interest?

Whether due care and caution had been taken before the publication of the article?

Whether there is merit in the plea of defendant's justification.

RULE:

Statements are not defamatory in nature if they are made in the interest of the public and the person publishing it must have reasonable believed it to be in the interest of the public.

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DEFAMATION

Govind Shantaram Walavalkar v. Pandharinath Shivaram Rege AIR 1985 Bom 224

ISSUE:

Can the defendant's actions be protected under the Doctrine of Absolute Privilege?

RULE:

Absolute Privilege allows people to speak freely and make statements without any fear of being sued. Even if the statements made are untrue or defamatory, the privilege is provided so that people are encourage to speak if in case what they say turns out to be true.

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DEFENSES TO INTENTIONAL TORTS

McGuire v. Almy, 8 N.E. 2d 760 (Mass. 1937)

ISSUE:

Can the defendant, even though being an insane person be held liable for the tort of assault and battery?

Did the plaintiff consent to this job as she knew about the insanity?

RULE:

Where an insane person by his act does intentional damage to the person or property of another she is liable for that damage in the same circumstances in which a normal person would be liable.

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DEFENSES TO INTENTIONAL TORTS

Courvoisier v. Raymond, 47 P. 284 (Colo. 1896)

ISSUE:

Can the shooter claim self defense because he mistook the police officer as the burglars?

RULE:

Where a defendant in a civil action attempts to justify on a plea of necessary self-defense, he must satisfy the jury not only that he acted honestly in using force, but that his fears were reasonable under the circumstances; and also as to the reasonableness of the means made use of.

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DEFENSES TO INTENTIONAL TORTS

Ploof v. Putnam, 81 Vt. 471, 71 A. 188 (1908)

ISSUE:

Can the Defendant untie the Plaintiff’s boat when the Plaintiff tied his boat to Defendant’s dock out of necessity?

RULE:

The doctrine of necessity applies with special force to the preservation of human life. One may sacrifice the personal property of another to save his life or the lives of his fellows.

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