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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

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 stole a car and asked A to be their driver. While A was driving the car on the highway, he tried to switch on the lights, but only one of them was working. After this, around 5 kilometres later, A spotted an ox crossing the road at the last moment because of the faulty headlight. He jammed the brakes, but it was too late, and ended up in A suffering multiple injuries across his body, with X and Y suffering minor cuts. What is the stand that A can take for compensation for his injuries?

 

Option: 1

X and Y are liable to pay damages.

 


Option: 2

A cannot claim damages because he was aware that the light was malfunctioning.

 


Option: 3

X and Y need not pay damages as they were injured as well.

 


Option: 4

A cannot claim any damages as he was himself guilty.

 


Answers (1)

best_answer

In this situation, the principle “A right of action cannot arise out of an illegal activity” is the decisive factor. There is no claim as driving a car that is stolen is itself an illegal activity.

 

Posted by

Rishi

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