LAWS1001A Lecture Notes - Lecture 8: Love Nest
2 Jul 2018
School
Department
Course
Professor
Week 8 Workshop- LAWS1003A.
What are the material facts in the problem?
Paparazzi has illegally entered the property of Mr Torcove, and took pictures of the
Duchess of Oxford- who was visiting his home. Paparazzi then enabled LOOK! Magazine
to publish topless sunbathing photos of the Duchess, under the headline “Topless
Duchess Caught at Northern NSW MP’s Love Nest.” Torcove suggests it is defamatory in
nature, suggesting he engaged in improper behaviour with the Duchess.
What is the origin of the legal dispute?
The publishing of the photographs under heading “Topless Duchess Caught at Northern
NSW MP’s Love Nest.”
Who are the parties
Torcove and LOOK! Magazine, who is vicariously liable for Joe Snouper.
What are the issues for resolution?
Is the published matter deemed ‘defamatory’?
Is the plaintiff adequately identified as the person to whom the defamatory matter
relates?
Element satisfied: Defendant published the defamatory matter.
What are the relevant rules and principles of the law?
The plaintiff does not have to prove ‘actual damages’- this will only affect the amount of
damages awarded.
Unnecessary to prove intent or malice on behalf of defendant.
1. Which rules / principles will apply here, and why?
2. Which party is likely to win?
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Document Summary
Paparazzi has illegally entered the property of mr torcove, and took pictures of the. Duchess of oxford- who was visiting his home. Magazine to publish topless sunbathing photos of the duchess, under the headline topless. Duchess caught at northern nsw mp"s love nest. torcove suggests it is defamatory in nature, suggesting he engaged in improper behaviour with the duchess. The publishing of the photographs under heading topless duchess caught at northern. Magazine, who is vicariously liable for joe snouper. The plaintiff does not have to prove actual damages"- this will only affect the amount of damages awarded.
