Question

Principle: Defamation is the publication of a statement which tends to lower the reputation of a person in the estimation of other members of the society generally.
Facts: 'A' writes a highly offensive and derogatory letter about 'B', and sends it directly to 'B' in a sealed cover.

• A. 'A' is liable to 'B' for defamation, as the letter is highly offensive and derogatory and is directly sent to 'B'.
• B. 'A' is not liable to 'B' for defamation, since there is no publication to any other person in whose estimation the reputation of 'B' could be brought down.
• C. 'A' is liable to 'B' for defamation, as the letter is highly offensive and derogatory.
• D. 'A' is liable to 'B' for defamation, as it has hurt his (B’s) self-esteem.

Hint:

For defamation to apply, the offensive statement must be made public and affect the reputation of the person in the eyes of others.

Answer 1

The Correct Option is B

Defamation requires that the statement be published or communicated to someone other than the person defamed. In this case, the letter was only sent to 'B' in a sealed cover, with no publication to anyone else. Therefore, 'A' cannot be held liable for defamation because the principle requires the defamation to be made public to lower 'B's reputation in the eyes of others.


Option (A) 'A' is liable to 'B' for defamation, as the letter is highly offensive and derogatory and is directly sent to 'B': This is incorrect. The lack of publication to third parties makes this option invalid.

Option (C) 'A' is liable to 'B' for defamation, as the letter is highly offensive and derogatory: This is incorrect for the same reason; there is no publication to others.

Option (D) 'A' is liable to 'B' for defamation, as it has hurt his (B’s) self-esteem: This is incorrect, as the harm must be to the reputation in the eyes of others, not just to self-esteem.