1. Defamation, Strict Liability and Vicarious Liability

2. Outline 1.Defences: –Necessity –Legal authority 2.Defamation 3.Strict liability 4.Vicarious liability

3. Necessity Trespass to land is necessary to prevent harm to: the public the trespasser’s interests the possessor of the land’s interests a third party’s interests

4. For the public benefit... good faith under apparent necessity to protect the public interest from external threats defendant must act reasonably in terms of the damage caused relative to the public benefit

5. Legal authority 3 questions to be addressed: 1.Did the defendant have the legal authority to engage in the act? 2.Was the act by the defendant legally privileged? 3.Did the defendant conform with all requirements imposed?

6. Defamation strike a balance between the protection of reputation and the protection of free speech. reputation is protected through a broad definition of “defamatory”: –Would the words tend to lower the plaintiff in the estimation of right-thinking members of society generally?

7. Defences The defences give substance to the principles of freedom of speech. justification privilege (absolute and qualified) fair comment consent

8. Elements of defamation 1.A defamatory statement 2.that is made in reference to the plaintiff, and 3.that is published to a third party.

9. Absolute privilege statements by executive officers relating to the affairs of state statements made during Parliamentary proceedings statements made in the course of judicial or quasi-judicial proceedings also, spousal communications

10. Qualified privilege The speaker has an interest or duty to make a statement and the recipient has a corresponding, reciprocal interest in receiving the statement. statements in defence of personal interest statements to protect the interests of others statements in furtherance of a common interest statements protecting a public interest

11. Lose qualified privilege if... malice published to individuals beyond those who have a legitimate interest in receiving the statement statements are not relevant to or do not further the purpose for which the privilege was given

12. Fair comment Elements: 1.A comment, 2.made honestly and in good faith, 3.based on facts that are true, and 4.pertaining to a matter of public interest.

13. Rylands v. Fletcher Elements: 1.Non-natural use of land, 2.from which there is an escape of something likely to do mischief, 3.that results in damage.

14. Non-natural use Two categories of non-natural use: 1.uses commonly regarded as dangerous; and 2.uses that are dangerous in particular circumstances.

15. Strict liability for dangerous animals ferae naturae – animals that are by their nature dangerous to people. mansueta naturae – animals that are by their nature harmless but may have shown a dangerous propensity to cause damage of the kind suffered. the animal “escaped from the control” of its keeper.

16. Vicarious liability 1.Statutory vicarious liability. 2.Agency. 3.Employment.

17. Bazley v. Curry Step 1: determine whether the situation is controlled by unambiguous precedent, which must then be applied. Step 2: consider the broader policy rationales behind vicarious liability and determine whether it should be applied in this case.