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  • Read the passage and answer the question that follow. The word 'defamation' is the generic name for the wrong; libel and slander are particular forms of it. In

Read the passage and answer the question that follow.
The word 'defamation' is the generic name for the wrong; libel and slander are particular forms of it. In libel, the defamatory statement is made in some permanent and visible form in writing or otherwise recorded, such as printing, typing, pictures, photographs, caricatures, effigies. In slander, the defamatory statement or representation is expressed by speech or its equivalent. Besides the general defences applicable to all actions in torts, such as limitation, consent, accord and satisfaction, previous judgment, etc., the three special defences available in action for defamation, under the common law, are (1) justification (or truth), or (2) privilege, absolute or qualified, and, (3) fair comment. Truth is a defence in a Civil action, "For the law will not permit a man to recover damages in respect of an injury to a character which he either does not or ought not to possess. In a civil action, the defendant has to plead and prove the truth of the defamatory words, and not merely his belief in their truth, though honest. 'Privilege' is used here in the sense of an excuse or immunity conferred by law on statements or communications made on certain occasions called 'privileged occasions'. A privileged statement, therefore, is one which is made in such circumstances as to be exempt from the rule that a man attacks the reputation of another at his peril, that is, at his own risk. In other words, privilege includes those exceptional cases in which it is not enough, in order to create liability, to prove that the defendant has published a false and defamatory statement. The defendant being privileged, is not responsible for this alone; he is either wholly free from responsibility or is liable only on proof that he was animated by a malicious motive, and not by any genuine intention to use his privilege for the purpose for which the law gave it to him.
Question
X owns a building, decorative woodwork of which is infested by termites. On a windy day, it fell on Y’s son who was playing with X’s son. This incident led to multiple injuries to Y’s son. Determine the liability of X.

 

Option: 1

X is not liable since the wind, a natural force, was outside his control.

 


Option: 2

X is not liable since Y did not take into account that the wall was unstable and allowed his son to play near.

 


Option: 3

X is liable since his son did not get injured.

 


Option: 4

X is liable since a person owes a duty of care to his neighbours.

 

 


Answers (1)

best_answer

A person residing in society owes a certain level of responsibility to his neighbours. In this scenario, he should have taken care of the bug-infested woodwork, since it could have harmed anyone on any day. He cannot claim the defence of “vis major”. The second option is not right as Y was not aware of the infestation, and c) is not right since X’s son not getting injured is something that happened because of pure luck.

 

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