(4) Statements once made remain. HoldingsHeld, striking out the plaintiff’s application with costs: (1) The alleged defamatory words as uttered must be reproduced in verbatim in the statement of claim and a certified translation must be tendered. In respect of the particulars sought for under para 6(h) of the re-amended defence, the defendant was prepared to give the address of the client’s office and the facsimile number to which the letter was transmitted. (5) The particulars sought for in respect of para 6(1) of the re-amended defence were irrelevant to the issue herein and the question of how and from whom the defendant had obtained the information was a matter of evidence for the defendant to adduce at the trial (see p 290F–G). The defendant is and was the sole proprietor of the legal firm and Shanti was only a legal assistant — an employee of the defendant. In the re-amended defence, the defendant did not deny the publication in the newspapers except that he did not know that the letter or news feature in respect thereof would be published in the print or electronic media. At all material times, the third appellant was its editor-in-chief, while the first appellant authored one of the articles complained of. Negligence in Malaysia. It shows that the crowd, the limited crowd still look towards Mr. Jeyaretnam, for the time being, as a leader of the opposition. Ummi Hafilda bte Ali & Anor v Karangkraf Sdn Bhd & Ors (No 2), HIGH COURT (KUALA LUMPUR) — SUIT NO S2(S5)–23–38 OF 1999, Tort — Defamation — Libel — Allegation of wedding reception of single woman and involvement in defaming Deputy Prime Minister — Attempt to stir hatred against plaintiffs — Deprivation of opportunity to court someone of the opposite sex — Re-publication of internet webpage, whether amounted to publication of defamatory statement — Test applied — Compensatory damages awarded — Whether exemplary damages ought to be awarded. By a notice of appeal dated 20 December 1996 the plaintiff appealed on the grounds, inter alia, that (1) the summing up, which required particular care and thoroughness because the facts were complex, the evidence interrupted by illness and an interval of seven days occurring between the plaintiff's closing address and the retirement of the jury, was so confusing and unstructured, with large tracts of evidence unsummarised, that it was of no material assistance to the jury; (2) the summing up might have misled the jury into thinking that the words complained of could be defended as fair comment; (3) when purporting to summarise key factual issues the judge showed a fundamental misunderstanding of them; (4) in purporting to sum up, at the plaintiff's request, crucial factual issues the judge gave confusing directions; (5) the judge mistakenly transposed plaintiff and defendants in referring to issues of fact and to the submissions such that the transpositions were particularly prejudicial to the plaintiff; (6) the judge failed to sum up the plaintiff's factual case on malice; (7) the judge gave a seriously inadequate direction of the question of damages; and that in all the circumstances his misdirections and failure to put the plaintiff's case fairly to the jury resulted in justice neither being done nor seen to be done. The foreman said in response to a question from the judge that they were particularly interested in why the Duggan case was not mentioned in the Dail on Tuesday, 15 November 1994. (8) In respect of the particulars sought under para 5.1(vi) of the plaintiff’s claim, the time and place of circulation were matters of evidence and therefore the plaintiff need not give the particulars. One juror had to be discharged because of illness on the seventh day of the trial (when Mr Reynolds was spending his sixth and penultimate day in the witness box) and several other days were lost (some in the middle of the judge's summing up) as the result of illness and other difficulties encountered by members of the jury. Two significant events occurred during the course of the weekend. Mr. Jeyaretnam attended. The Chief State Solicitor identified certain defects in the draft warrants. "There was no question in our minds that Reynolds had misunderstood what Fitzsimons had told him. The President declined to resign. Further, the exposure of non-compliance of building plans was certainly a matter of public interest. In any negligence action, the essential ingredients that should be present are firstly, a duty of care exists wherein there must be a wrongful and unauthorized act or omission by the Defendant and secondly, the act/omission in question affected the interests or rights of others. They include intentional torts, negligence and strict liability. Whilst the headline stated in black bold print ‘Ummi Hafilda NIKAH’, the defendants had juxtapositioned the words ‘Azwan Ali jelas status adik’ in white print embedded in a splash of black with ray-like edges to highlight what Azwan Ali had said. Tort can serves as a fair and just response to the wrongdoing. 7 Later, it widens the scope of protection towards people and his property where the tortfeasor will be held liable even though the interference is not caused intentionally. Besides, the remedy of an injunction can restrain a person from behaving in a manner that interferes with another's interests. Therefore, it would be impossible to sum up the aims of tort in this brief work. The plaintiff also relied on section 5 of the Defamation Act, claiming that the words were calculated to disparage him in his office as leader of a political party and in aspiring to be a Member of Parliament. In reply the defences of qualified privilege and fair comment were met with a plea of express malice. That approach was promptly rejected. The court was satisfied that this was a case where compensatory damages ought to be awarded against each of the defendants. The summing up occupies about 170 pages of transcript together with about 60 further pages of submissions made, at intervals during the summing up, in the absence of the jury. (11) (Per Gopal Sri Ram JCA) An apology, although not exonerating a defendant, has the effect of reducing the quantum of damages, in some cases substantially so. There is considerable wisdom in the view of the learned authors of 'Cleark and Lindsell on Tort' that attempts to define a tort with precision, is a fruitless exercise. (8) The court could not agree to the defendant’s explanation that the letter by the defendant’s solicitors’ firm addressed to the plaintiff’s legal company was to seek clarification. In his speech at the end of the debate Mr Spring said of the Duggan case: 'It was immediately apparent that the Taoiseach should have included this vital information in the statement he made to the House yesterday, if he wished to give a full explanation of all these events. One of the better definitions defining tortious liability as liability arises from the breach of a duty primarily fixed by law where this duty is towards persons generally and its breach is redressable by an action for unliquidated damages, given by Winfield. Negligence law emanates from the law of tort. (7) The court was satisfied that this was a case where compensatory damages ought to be awarded against each of the defendants. Mr Fitzsimons was asked to visit Mr Whelehan again and invite him to resign as President of the High Court. Almost all liability rules aims to be capable of deterring the conduct that would lead to the imposition of liability, so do the tort law. They imply that the plaintiff was a person of low morals, lustful and mean, and for this had exposed him to hatred, contempt and ridicule by the right-thinking members of society. The original defence put in issue the meaning of the words complained of; it pleaded that they were published on an occasion of qualified privilege at common law, or alternatively qualified privilege under s 7 of the Defamation Act 1952; it also pleaded defences of fair comment and justification. Please, specify your valid email address, Remember that this is just a sample essay and since it might not be original, we do not recommend to submit it. It was a matter of evidence as to how the letter got into the hand of the newspapers concerned and it was certainly not for the plaintiff to furnish the particulars thereof (see p 292A–B). Tort Law: Three Types of Torts Torts are wrongdoings that are done by one party against another. The Court of Appeal should not interfere with the exercise of the trial judge’s discretion upon a matter where opinions could, and did, vary quite widely. As a result of the wrongdoing, the injured person may take civil action against the other party. In the course of the trial the defendants abandoned reliance on statutory qualified privilege and fair comment, and those changes in the defendants' position appear from the amended defence. The notion of justice may be in different forms besides compensation-based justice. Whilst there was the element of gain in the form of profits by the sale of Bacaria, the plaintiffs had failed to show that there was such extensive profit as to warrant an award under this head (see p 544H–I). 3. On this level the action could be portrayed as relatively simple. 6. The defendants pleaded, inter alia, the defence of qualified privilege at common law on the ground that, consonant with article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms,fn1 the public interest in the general publication of information and discussion relating to political issues and the public conduct of elected politicians engaged in them justified such protection. The Duggan case concerned a request for the extradition of Mr John Duggan to England on charges of indecent assault on a male person and conspiracy to pervert the course of justice. if and where the case has been reported But it was also common ground that he did not receive clear written advice on the significance of the case until he received Mr Fitzsimons' letter on the Tuesday evening. Tort lawyers, both plaintiff-side and defense attorneys, predict an onslaught of cases. This is an unfair statement to make, knowing full well that they were indeed not married. What was important was not the fact that the first defendant had used the defamatory expression but the fact of his having used those defamatory expressions as alleged. The defendant did not deny that he had written the letter, the only dispute was as to how the letter was published on ‘Malaysiakini.com’. The allegation was an attempt to label the plaintiffs as liars and/or perjurers. The plaintiffs claimed that they were defamed in two articles written and published by the defendants in the newspaper. The issues raised by the second, third and fourth defendants were whether the words published in both reports, read in their ordinary and natural meaning, were capable of being defamatory and whether the plaintiff’s allegations in his statement of claim disclosed a sufficient cause of action against them. (4) The articles principally were comments or opinions made by the defendant. This is certainly unacceptable as it will confuse the plaintiffs and take him by surprise. (6) (Per Gopal Sri Ram JCA) There are certainly no comparables as regards quantum of damages in libel actions in Malaysia unlike those which exist in personal injury cases. In this case, Alice clearly capable of carrying act which is to hit Robert with her fist because she was standing near Robert. Examples of Tort Law . Mr Reynolds said that he did not want 'on the one hand, on the other hand' advice and asked Mr Fitzsimons to discuss the matter with Mr Whelehan and to produce definitive written advice. As we saw earlier, the concept of a duty of care was created in the Donoghue case. They must therefore pay. The outcome was that Mr Reynolds was awarded 1p damages and was ordered to pay the defendants' costs as from the date of a payment into court. (i) the words spoken by the defendant were capable of a defamatory meaning and were defamatory of the plaintiff. ', 'That assertion in (3), that the words meant that the plaintiff had lied to his coalition Cabinet colleagues is confined to the coalition Cabinet colleagues and does not extend to telling lies to the Dail. The defendants’ failure to produce the printed Internet webpage must be held against them. The lapse of time in the Smyth case was longer than in the Duggan case. The trial began on Monday, 14 October 1996. Further it was submitted that whilst the headline read ‘Ummi Hafilda NIKAH’, yet the final passage on that same front page quoted the first plaintiff’s brother as denying that the first and second plaintiffs were married. The summing up was concluded on Thursday, 14 November and the jury retired at about 1 pm. (10) The defendant’s reliance on her assertion that the statement was written in her private office and thereafter placed in a sealed envelope marked ‘private and confidential’ was just not probable. The facts supplied by the United Kingdom authorities were that the offences had ceased some 22 years, 17 years, 8 years and 6 years respectively before the request. The plaintiffs sued the defendants for publishing an article about them in Bacaria. The defendant, the Minister for Defence and second Minister for Health in the Singapore Government, was the first organizing secretary of the Peoples’ Action Party and was therefore most concerned at securing the return of the PAP’s candidate at the by-election. The plaintiff applied for the following further and better particulars in respect of the amended defence: (a) under para 4, the date when the client left the jurisdiction, the circumstances and reasons why the client had left the jurisdiction and the present address of the client; (b) under paras 6(a) and 6(b), the date and mode of the instructions and the location of the client at the time of the alleged conversation and instructions; (c) under para 6(h), the client’s address and facsimile number to which the letter from the defendant’s office was transmitted and the date and mode of the client’s instruction to do so; (d) under para 6(1), the source of the alleged information or informant, the date of receipt of the alleged information and the position, status and relationship of Lee Chai Huat (‘LCH’) to the client. The Civil Evidence Act material (partly in the form of video recordings and partly in the form of transcripts) was viewed by or read to the jury on 28 October and 4 November 1996, with four days lost between those two dates. Partnership Law in Malaysia 1. The court concluded that the defendant was liable to the plaintiff under this cause of action of conspiracy (see p 494B–F). (9) Though the defendant had clarified that the remarks were written by Shanti, the liability for publication arose from authorization. Kasturilal Ralia Ram V. The State of Uttar Pradesh 1965 AIR 1039; 1965 SCR (1) 375 : is a Landmark case on Constitution of India, 1950, Art. a statement is not defamatory merely because it caused damage to the plaintiff. Legal professional privilege only extended to communications for the purpose of seeking legal advice. But the coalition had effectively collapsed. The particulars sought for under those two paragraphs were relevant to the issue of verification of the truth of the letter of demand with the client. It is true that in his summing up the judge recited at great length the evidence given by Mr Reynolds, but that does not in our view make good the judge's misstatement of the issue for decision, which was the more serious because of the emphasis which the judge gave to it. 2 To understand the law of torts, it is not the definition but the description of the aims of the law of torts that will be an accurate source. This legal doctrine means that the “thing speaks for itself,” which means that plaintiffs may recover for torts that have been obviously caused by the negligence of another person or business. The defences raised were not supported by any disclosed facts and grounds. In any negligence action, the essential ingredients that should be present are firstly, a duty of care exists wherein there must be a wrongful and unauthorized act or omission by the Defendant and secondly, the act/omission … Though the defendant had expressly denied any part in this scheme to injure the plaintiff in his profession, however the court found that she was and is in the thick and thin of the whole conspiracy as can be noticed by her actions in the carrying out these defamatory remarks in association and in conjunction with the others named. Mr Ruddock, Mr Burns and Mr Witherow gave oral evidence for the defendants. (10) The particulars sought for in respect of para 9(b) of the plaintiff’s claim were irrelevant for the purpose of para 9(b) as the facts pleaded therein were only to support the plaintiff’s claim for exemplary damages (see p 295G–H). (Under the Irish Constitution the Attorney General acts as an impartial legal adviser to the government; he regularly attends cabinet meetings but does not sit in the Dail and is not a member of the government.) These were obviously elements associated with unprofessional conduct. Example of Assault It is plain from the foregoing summary that the events in issue in this action very largely occurred within a single week beginning on 11 November 1994. In the absence of any special or exceptional circumstances, it will be proper for a court to award substantial damages against a journalist who has, without any or any sufficient basis, taken a plea of justification. Reynolds v Times Newspapers Ltd and others, Defamation - Privilege - Qualified - Newspaper publication concerning public figure engaged in political events - Whether defence of qualified privilege available - Whether privilege attaching to publication. It goes through the nature and function of tort law, the rules and principles that govern it and the remedies available. (4) The court accepted the plaintiffs’ submission that the impugned publications had injured their reputation and credibility. If the defendant is displeased with the so called ‘messy’ pleadings of the plaintiff, she can avail herself of all the remedies provided under the rules and procedures as set out under the Rules of High Court 1980; certainly it cannot be reciprocated with this generalised form of pleading. (2) After careful perusal of all the relevant evidence and having the opportunity to observe the demeanour of the witnesses, the court found that the claim of incest was not proved, even on the balance of probability (see p 483B–D). [See [1995] 1 MLJ 39 .] The first defendant was the leader of another political party while the second, third and fourth defendants were the editor, publisher and printer of a local daily newspaper respectively. 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