Question

In Torts, in case of Defamation:

• A. Intention to defame is not necessary;
• B. Intention to defame is necessary;
• C. Both (i) and (ii);
• D. Either (i) or (ii).

Hint:

In defamation cases, the defendant can be held liable even if there was no intention to harm the plaintiff's reputation, as long as the statement was defamatory.

Answer 1

The Correct Option is A

Step 1: Understanding Defamation in Tort Law:
In tort law, defamation refers to making false statements about someone that damage their reputation. Unlike other torts, defamation does not require the defendant to have the intention to harm the plaintiff's reputation. It is sufficient if the statement is defamatory, regardless of the intent.
Step 2: Detailed Explanation of the Options:
- (A) Intention to defame is not necessary: This is the correct answer. In defamation cases, the focus is on the defamatory nature of the statement itself, not on the defendant's intention to harm the plaintiff's reputation.
- (B) Intention to defame is necessary: This is incorrect. Defamation is a strict liability tort, meaning the defendant can be liable even if they did not intend to harm the plaintiff's reputation.
- (C) Both (i) and (ii): This option is incorrect because intention is not a required element of defamation.
- (D) Either (i) or (ii): This option is incorrect for the same reason as option (C); intention is not a requirement in defamation cases.
Step 3: Final Conclusion:
The correct answer is (A) Intention to defame is not necessary, as defamation focuses on the defamatory content of the statement, not on the intent behind it.