TABL1710 Lecture Notes - Lecture 3: False Imprisonment
22 Oct 2018
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A person commits the tort of defamation if: they publish to a third party, in spoken or written form, a statement about another person that would damage the reputation of the other person. The other person must show that: the statement about them was defamatory; and, the statement identifies them; and, the statement was published to a third party. A person commits the tort of negligence if: they own the other person a duty of care; and, they breach the duty of care; and, their breach caused other person to suffer reasonably foreseeable harm. In most cases the establishment of the existence of a duty of care will be relatively straightforward, provided that the relationship between the parties falls within the established categories of duty of care. Requirement 3: harm caused by breach of duty. Factual causation: the plaintiff must establish that the careless act caused, either directly or indirectly,
