Question

Principle: Defamation is the publication of a statement that 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.

Options

• 'A' is liable to 'B' for defamation, as the letter is highly offensive and derogatory and is directly sent to 'B'.

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

• 'A' is liable to 'B' for defamation, as it has hurt his (B's) self­esteem.

• '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.

Answer 1

'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.

Explanation:

There are three essential conditions of defamation  
1. The words must be defamatory & false  
2. The said words must refer to the plaintiff  
3. The words must be published.  The reasonable conclusion is drawn that A is not liable for defamation, because there is no publication to any other person in whose estimation reputation is brought down.