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Case Laws related to Defamation in favour of Claimant

  Case Laws related to Defamation in favour of Claimant.  TOLLEY  Vs,  J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement.   Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be aske

Case Laws related to Defamation in favour of ClaimantCase Laws related to Defamation in favour of Claimant. TOLLEY Vs, J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement. Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be asked to resign from his respective club. Furthermore, there was evidence that the possible adverse effects of the caricature on the claimant’s reputation were brought to the defendants’ attention. The trial judge found that the caricature could have a defamatory meaning. The jury then found in favor of the claimant. Held The House of Lords held that in the circumstances of this case – as explained by the facts – the caricature was capable of constituting defamation. In other words, the publication could have the meaning alleged by the claimant. The Lords also ordered a new trial limited to the assessment of damages. NEWSTEAD V LANDON EXPRESS NEWSPAPER LTD, (1939) Facts: A newspaper published a defamatory article about Harold Newstead. However, another person with this name brought an action in libel. He claimed that the article had been misunderstood as leading to him. The defendant newspaper recognised that they published the article. Also, they denied that they had the intention of being defamatory of him. Consequently, the claimant argued that the newspaper was under a duty. The duty was to give a clear and complete description of the correct person. Moreover, the claimant argued that the defendants were in breach of the duty. Issues: The issue in Newstead v London Express Newspaper, was if the reasonable persons would have understood the words complained of to refer to the plaintiff. Held: The Court of Appeal stated that in accordance with the current law on libel, liability for libel does not depend on the intention of the defamer; but on the fact of the defamation. Accordingly, a reasonable man, in this case a newspaper publisher, must be aware of the possibility of individuals with the same name and must assume that the words published will be read by a reasonable man with reasonable care.

  Case Laws related to Defamation in favour of Claimant.  TOLLEY  Vs,  J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement.   Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be aske

EQUITY AS A SOURCE OF LAW

 EQUITY AS A SOURCE OF LAW Equity itself is derived from a Latin word which means Justice and egalitarianism. It is a system of law which emanated in the English chancery and encompasses a formal body of indispensable and procedural rules and doctrine, override common and statutory law. The law relating to equity is largely based on precedent. Since, it is not viable on the part of the state to contrivance a comprehensive code of law in order to supervise every eventuality. Wherein, Law and Equity goes side by side. Equity is consequential in the legal world because men and laws are fallible. A Court of Equity, Chancery Equity that is legally approved to apply the principle of Equity, as opposed to the law, to cases brought before it. The principles and rules emerging from the exercise of residuary powers, which forms the living source of the law of the state. The system includes some portion of natural justice which is judiciary enforceable. Equity under Indian Legal System As a branc

Injuria sine damno

  Injuria sine damno Injuria sine damno means violation of a legal right without causing any harm, loss or damage to the plaintiff. There are two kinds of torts:  Firstly, those torts which are actionable per se, i.e., actionable without the proof of any damage or loss. For instance, trespass to land is actionable even though no damage has been caused as a result of the trespass.  Secondly, the torts which are actionable only on the proof of some damage caused by an act. Injuria sine damno covers the first of the above stated cases. In such cases, there is no need to prove that as a consequence of an act, the plaintiff has suffered any harm. For a successful action, the only thing which has to be proved is that the plaintiff's legal right has been violated, i.e., there is injuria. Ashby v. White1 is a leading case explaining the maxim injuria sine damno. In this case, the plaintiff succeeded in his action, even though the defendant's act did not cause any damage. The plaintiff

Mergers & Acquisitions

  Mergers And Acquisitions- An Overview Meaning Of M & A: Mergers and acquisitions (M&A) deals in which two or more companies merge in some way. Although the terms mergers and acquisitions (M&A) are sometimes used interchangeably, they have distinct legal meanings. Two companies of similar size merge to establish a new single entity. An acquisition, on the other hand, occurs when a larger organization purchases a smaller company and absorbs its operations. Depending on the target company's board of directors' approval, M&A agreements can be friendly or hostile. Types Of M & A Transactions: Horizontal, vertical, concentric, and conglomerate mergers and acquisitions are examples of distinct types of mergers and acquisitions. Horizontal Merger When a company merges or acquires another company that delivers the same service or product to ultimate customers, this is known as a horizontal merger. Both businesses are in the same industry, serve the same clients, an

Family Court

  The Family Court It is now realized practically all over the world that litigation in regards to any matter concerning family, whether divorce, maintenance and alimony, custody, education and financial support for children or the trail of juvenile offenders should not be viewed in terms of failure or success of legal actions but as a social therapeutic problem needing solution. It should be viewed as litigation in which parties and their counsel are engaged in resolving family conflicts where humane considerations overweight everything else. The resolution of family conflicts requires special procedures designed to help people in trouble, to reconcile and resolve their differences, and, where necessary, to provide assistance. This action demonstrates that the traditional adversarial procedure has to be modified and replaced by a less formal procedure. In our system today, the family matter is entrusted to the district judge who is well versed in ordinary civil and criminal trials. He