Question

True or false

I. Truth and privilege are defenses to defamation and if these defenses are proved by the defendant, then the defendant cannot be held responsible for defamation.

2. Mitigation of damages in an obligation in tort law that plaintiffs have to lessen or reduce their potential injuries/damages through prompt medical treatment or other actions a reasonable person would have performed under similar circumstances or injuries.

3. In a false imprisonment situation, the law states that if there is a reasonable means of escape that would not place a person at risk for injury, then that person is required to make the escape. Failing to do so will not result in the ability to prove false imprisonment.

4. A persons opinion, if damaging enough, can constitute a defamatory statement.

5. Proximate cause limits the responsibility of a wrongdoer in negligence law by providing that a wrongdoer is legally responsible only for direct, closely connected, continuous sequence of events between the negligent conduct and the injury to plaintiff and the foreseeable consequences of his or her wrongful conduct

Answer 1

1. True. A defamatory statement is a false statement of fact that causes injury or damage to someone. But there are a few arguments that, if raised and proven by the defendant, can defeat a defamation claim. These include truth and privilege defences.

2. True. In tort cases, “mitigation of damages” refers to the rule that an injured plaintiff is expected to keep the costs of her injury from expanding as much as she can.

3. False. False Imprisonment can only occur when the Plaintiff has no reasonable means of escape without risking harm to himself.

4. False. Because opinions are considered subjective, and not necessarily false, they are not considered defamatory.

Please post the other questions separately as we are supposed to answer just one question or four sub parts of a question.