DEFAMATION

Q Understand the essential elements required in proving a claim in defamation Q Understand the available defences Q Understand the reasons for denying a general law of privacy Q Understand the basis of a claim for breach of confi dentiality Q Be able to critically analyse each tort Q Be able to apply the law to factual situations and reach conclusions as to liability

14.1 Introduction Defamation is one of the most technical of torts. The question of whether defamation has occurred is decided by

(i) the judge who decides whether or not the words complained of are capable of being defamatory and

(ii) the jury which, in many cases, decides whether or not the words are actually defamatory.