Principle Defamation is the publication of a statement which tends to lower reputation of a person i...........

Legal Concepts Law of Torts

Principle: Defamation is the publication of a statement which tends to lower 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' is liable to 'B' for defamation, as the letter is highly offensive and derogatory and is directly sent to '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 brou ght down.

'A' is liable to 'B' for defamation, as the letter is highly offensive a nd derogatory.

'A' is liable to 'B' for defamation, as it has hurt his (B's) self-estee m.

Explanation:

In order to establish the tort of defamation it is essential to prove the element of ‘publication’. Publication means when the derogatory or defamatory statement comes to the knowledge of another person or third person. In the given situation A wrote a highly offensive and derogatory letter to B in as sealed cover. As long as it doesn’t come to the knowledge of a third person, A’s act does not amount to defamation. '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 brou ght down.