Defamation Law: Master the Essentials for Tort Law (LLM)

Question 1

Which of the following is NOT a necessary element to establish the tort of defamation?

Accepted Answer

Intentional infliction of emotional distress

Answer

Publication

Answer

Identification of the plaintiff

Answer

Damage to reputation

Question 2

What is the primary distinction between libel and slander?

Accepted Answer

Libel is defamation in permanent form (e.g., written or published), while slander is defamation in a transient form (e.g., spoken)

Answer

Libel is more serious than slander and requires proof of actual damages

Answer

Libel is a criminal offense, while slander is a civil wrong

Answer

Libel requires the defendant to have acted with malice, while slander does not

Question 3

What was the primary purpose of the Defamation Act 2013?

Accepted Answer

To codify the common law on defamation

Answer

To introduce new defenses to defamation

Answer

To restrict the availability of damages for defamation

Answer

To abolish the tort of defamation

Question 4

What is the key distinction between libel and slander?

Accepted Answer

Libel is a written or printed defamatory statement, while slander is an oral defamatory statement.

Answer

Libel is more serious than slander and requires proof of special damages.

Answer

Slander is actionable per se, while libel requires proof of harm to reputation.

Answer

There is no substantive distinction between libel and slander.

Question 5

Which of the following factors is NOT considered by courts when determining whether a statement is defamatory?

Accepted Answer

The plaintiff's subjective interpretation of the statement

Answer

The context in which the statement was made

Answer

The meaning that the ordinary reader would give to the statement

Answer

The defendant's intention in making the statement

Question 6

What is the distinction between general and specific damages in a defamation case?

Accepted Answer

General damages compensate for non-pecuniary losses, while specific damages compensate for quantifiable financial losses.

Answer

General damages are awarded for proven financial losses, while specific damages are awarded for unproven financial losses.

Answer

Specific damages compensate for non-pecuniary losses, while general damages compensate for quantifiable financial losses.

Answer

There is no distinction between general and specific damages in a defamation case.

Question 7

Which of the following is NOT an essential element of the tort of defamation?

Accepted Answer

Actual harm

Answer

Publication of defamatory material

Answer

Identification of the plaintiff

Answer

Damage to reputation

Question 8

Identify the fundamental element of the tort of defamation.

Accepted Answer

Publication

Answer

Truth

Answer

Malice

Answer

Damage

Question 9

Distinguish between the two types of defamation: libel and slander.

Accepted Answer

Libel is written, while slander is spoken

Answer

Slander is more serious than libel

Answer

Libel is protected by law, while slander is not

Answer

There is no clear distinction between libel and slander

Question 10

When is a statement considered defamatory?

Accepted Answer

When it damages the claimant's reputation and is false

Answer

When it damages the claimant's reputation and is true

Answer

When it does not damage the claimant's reputation and is false

Answer

When it does not damage the claimant's reputation and is true

Question 11

What is the dual role of the jury in a defamation case?

Accepted Answer

Determining the defamatory nature of the statement and awarding damages

Answer

Determining the defamatory nature of the statement only

Answer

Awarding damages only

Answer

Neither of the above

Question 12

Is defamation primarily a common law or statutory tort?

Accepted Answer

Common law tort

Answer

Statutory tort

Question 13

Which of the following is the most accurate definition of defamation?

Accepted Answer

Defamation is a civil wrong that occurs when a person's reputation is damaged by the publication of false and harmful statements.

Answer

Defamation is only actionable if the statements are made in writing.

Question 14

What is the key difference between libel and slander in the law of defamation?

Accepted Answer

Libel is defamation in a permanent form (e.g., written or printed), while slander is defamation in a transient form (e.g., spoken).

Answer

Slander is only actionable if it causes economic loss.

Answer

Libel is always more serious than slander.

Question 15

What is the meaning of 'malice' in the context of defamation?

Accepted Answer

Malice refers to the defendant's intent to harm the plaintiff's reputation or recklessly disregard the truth of the statements.

Answer

Malice is presumed in all defamation cases.

Answer

Malice is only relevant in cases of libel.

Question 16

Which of the following statements is an example of a defamatory statement?

Accepted Answer

Publicly accusing someone of committing a crime.

Answer

Expressing an opinion that someone is not a good leader.

Answer

Reporting that someone was arrested for a crime.

Question 17

What is the primary distinction between common law defamation and statutory defamation?

Accepted Answer

Common law defamation arises from common law principles, while statutory defamation is based on specific legislation.

Answer

Common law defamation only applies to written statements.

Answer

Statutory defamation is always more serious than common law defamation.

Question 18

Which of the following is a current trend in defamation law?

Accepted Answer

Courts are increasingly awarding more substantial damages for defamation, reflecting the significant impact it can have on reputation.

Answer

Defamation is becoming less common in the digital age.

Question 19

Which of the following is NOT an essential element of a successful defamation claim?

Accepted Answer

Truth

Answer

Malice

Answer

Publication

Answer

Serious harm to reputation

Question 20

What is the primary distinction between libel and slander?

Accepted Answer

Libel is permanent, while slander is not.

Answer

Libel is always more serious than slander.

Answer

Libel requires malice, while slander does not.

Answer

Libel is only against private individuals, while slander is against public figures.

Question 21

What is the defense of fair comment?

Accepted Answer

It allows for the publication of opinions that are based on facts and presented without malice.

Answer

It is only available to journalists.

Answer

It requires the defendant to prove that the statement is true.

Question 22

Which of the following is NOT a potential remedy for defamation?

Accepted Answer

Criminal prosecution

Answer

Injunction

Answer

Damages

Answer

Retraction

Question 23

On whom does the burden of proof lie in a defamation case?

Accepted Answer

The plaintiff must demonstrate all elements of the tort.

Answer

There is no burden of proof in defamation cases.

Answer

The burden shifts to the defendant once the plaintiff establishes a prima facie case.

Answer

The defendant must prove the truth of the statement.

Question 24

Which of the following defenses may be asserted in response to an allegation of defamation?

Accepted Answer

Truth, privilege, fair comment, or consent

Answer

Fair comment

Answer

Truth

Answer

Privilege

Question 25

What is the primary function of a jury in a defamation case?

Accepted Answer

They determine whether the statement is defamatory and whether any applicable defenses are valid.

Answer

They determine the amount of damages to award.

Answer

They decide whether the defendant is liable.

Question 26

What is a recent and significant development in the field of defamation law?

Accepted Answer

The rise of social media and the prevalence of online defamation

Answer

The expansion of the concept of fair comment

Answer

The abolition of the tort of libel

Answer

The introduction of a new defense of responsible journalism