Textbook Notes (369,205)
Canada (162,462)
York University (12,903)
ADMS 2610 (94)
Chapter 4


3 Pages

Administrative Studies
Course Code
ADMS 2610
Robert Levine

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ADMS2610 Session 4 Chapter 4 (pg. 65-68, 70-74) Intentional Interference with the Reputation of a Person Defamation – false statements that injure a person’s reputation - Law of tort - Can take the form of either Libel or Slander - Libel – defamation in some permanent form such as in writing, a cartoon - Slander – false statements or gestures that injure a person’s reputation - Fell under the jurisdiction of the Common Law with the passage of time - Before the introduction of printing, defamation took the form of slander Defences to a claim of defamation - Qualified privilege applies if the defendant can show that the statements were made in good faith and without malicious intent (even though the facts that he or she believed to be true at the time were subsequently false) o Example: an employer provides a letter of reference containing derogatory statements (which the employer believes to be true and fair assessment) about an employee  Justification of these exceptions is based upon the importance of free speech on matters of public importance and balancing this intent with the protection of the individual’s reputation - Absolute privilege protects the speaker of the words absolutely, regardless of the words’ truth or falsity (even if made with malicious intent) o This defence is limited to those cases where it is in the public’s interest to allow defamatory statement to be made o Statements made by Parliament before a Royal Commission, in court, at coroner’s inquest are not subject to an action for defamation by a person injured by the statements - Truth of Statement (as to the statements made) - Death of a party (cannot defame the dead) - Criminal Element o Libel can be criminal if published without lawful excuse or justification exposing the person to hatred, contempt or ridicule - Fair Comment (Elements) o (1) Reasonable person recognizes the statement as a comment based on true facts o (2) Comment must be of public interest o (3) Comment must be “fair” or represent an honest expression of the real view of the person making the comment Business-Related Torts and Crimes - Businesses may engage in improper practices that cause injury to others - Untrue statements about a competitors goods or services - Some businesses may attempt to steal trade secrets - Agreements to restrict trade between businesses - Protected through Common law and Statute Law (Competitions Act) Slander of Goods – a statement alleging that the goods of a competitor are defective, shoddy or injurious to the health of a consumer - If untrue, could cause injury to the competitor and would be actionable at law - This tort is not limited to business persons: consumers who make untrue statements would also commit the tort of slander of goods Injurious Falsehood – false statements about a firm, its products or
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