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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 and Y took a lift in a Scorpio, which B was driving. In between the journey, a bolt of the wheel got loose and which led to an accident. Since B was the driver, he was able to grab the steering wheel and protect himself from major damages, but X and Y suffered serious injuries. Choose the best answer.

 

 

 

 

 

Option: 1

B is not responsible because X and Y took a lift of their own accord

 


Option: 2

The car company shall pay compensation for not providing stronger bolts

 


Option: 3

There is no liability on B since the accident was inevitable

 


Option: 4

All of the above

 


Answers (1)

best_answer

The accident was inevitable since the bolts were unfastened unbeknownst to B. option b) is not the correct answer because of the concept of “remoteness of damage”. Option a) is not the right answer as well, since while consenting to take the lift, there was no possibility of being aware of the unfastening bolts, or the risks involved.

 

Posted by

seema garhwal

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