Business Law,law of tort Case Study Example | Topics and Well Written Essays - 2000 words

Business Law,law of tort - Case Study ExampleFurthermore, the tale opponents say that he puts the keys of high powered cars back into the hands of drink drivers is ironical and it is meant to lower his reputation as a celebrity lawyer.Again view at the words stitch him up as used by the police officers. These words can be interpreted by any ordinary person. The words should non be taken in their ordinary meaning in order to find defamation in them but from the inference which would be drawn by the ordinary person who see the words.i) Substantial damages The allegations on the publisher are enormous especially that Nick Freeman was arrested on conspiracy to writhe the course of justice in a bid to protect drunk drivers. It is apparent that these allegations will substantially affect his profession. He should therefore sue the social club substantial damages. 2Special damages The article would be read by several clients of Nick and his several would-be clients. They may refuse t o degrade into contracts with him in future. This is likely to financially affect his career in the future. He can the therefore seek special damages for that matter. In the case of Byre v Deare, the complainant was a member of a golf club. Some gaming machines were removed from the club following the complaints made to police. Then some typewritten lampoons were placed where the machines were installed and it read a follow-For many years upon this spot, You heard the sound of the merry bell,Those who were rash and those who were not,Lost and made a spot of cash,But he who gave the stake away,May be Byrne in hell rue the day. 3An action for defamation by the plaintiff did not succeed as it was held that a serious thinking person would not view the words as defamatory.ii) Another remedy available to Nick is injunction. Since he is anxiously eager to prevent boost publications by the newspaper, he can apply for an injunction. This would compel the court to order the company to st op further publication of information concerning him. 4Case 2Fiona Shackleton is currently employed by Payre Hick Beach which was not her employer at the time of the case between Prince of Wales and Diana. But the Evening Standard has gone forrader to print a false statement that it was Payre Hicks Beach firm as a whole which conducted the case when the truth is that it was in fact Farrars. 5 Fiona Shackleton shall go to proof the following-i) Justification - in order for her to successfully sue the defendants, Fiona Shackleton must justify that the words so printed injured her reputation as a lawyer. For that matter, she should argue that these printings would effect a similar case before her, that of Sin Paul Mc Carthey v Lady Mills - Mc Marthey. ii) Reference to the plaintiff - That the words so printed referred to her. Though in actual sense, there is nowhere her name is mentioned, only the firms name. She is the one who represented the case into E. Hulton and Co. v Jones. A n ewspaper published an article that the plaintiff was accused of staying with a woman in France. The defendants alleged that they had invented the name i.e. there was