Multiple choice

Directions: Given below is a statement of principle, followed by a factual situation. Apply the principle to the facts and select the most appropriate answer among three alternatives given. Encircle your choice and explain why you think your answer is correct in not more than 3 to 4 lines. If it exceeds 4 lines, then penalty may be imposed.

Principle 1: A person defames another if he states anything which exposes the other to hatred or ridicule or results in him being shunned by others or injures him in his trade, business or profession. Principle 2: To commit the offence of defamation, there must be communication of defamatory statement to a third party. Fact: A, a patient of B, is dissatisfied with the treatment. He discontinues the treatment and after sometime leaves the city. Sometime after his illness was automatically cured by lapse of time. A was upset because B had made him spend a lot of money on his illness which was cured on its own. He writes a letter accusing B for cheating. He alleges that B magnified the effects of the illness, deliberately treated him in a manner so that it persisted and also caused deterioration of his health. The letter is shown B to his lawyer. In consultation with the lawyer B files a suit for damages against A for defamation.

  1. A has defamed B and is liable to pay compensation.

  2. A has defamed B when the letter was seen by the lawyer and therefore the compensation has to be paid.

  3. A has not defamed B.

Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

(3) because here the communication to B's lawyer has been carried out by B himself and not A, as is the requirement for defamation.