CASE STUDY

Lights Out at Beacon View

Lights Out at Beacon View

Question 1)

Stanley Aldous is the Plaintiff and Addiss Martin is the defendant.

Question 2)

The burden of proof will be Addiss Martin and the standard of proof will be Stanley Aldous.

Question 3)

The term defamation is a civil mistake that includes reputation. The deflation tort takes place when anyone feels that the some organization or some other person has made comments or statements that might have influenced their reputation they maintained. The statement of offense might be spoken or in the form of writing known as slander and libel correspondingly. The difference between spoken and written statements has now been eliminated in Australia. When it is accessed by the court that defamation has happened, the defendant's intention is of no use, the effects of actions of defendants are significant in this regard. The judge might also give compensations for plaintiff where the defamation has taken place (Comasters.com, 2001).

Question 4)

The essentials that are needed for bringing the desired tort case in the court require:

The defendant will require filling an appearance notice in the Supreme Court or somewhere in the registrar's office.

The plaintiff will have to bring the copy of the publication being published by the defendant that have and adverse affect on their reputation.

Question 5)

The defences that could be applied in this matter include:

Protected reports

This is kind of report that is related to evident proceedings that includes statements of defamatory that is made at the time of those procedures and might be confined by qualified dispensation either at general law or act. This dispensation identifies the interest of public in possessing complete information related to the management of affairs of public (Comasters.com, 2001).

Absolute privilege

This can be used as an entire material for defence wherever it might be recognized that imputation of defamatory was published in public statement interest. The cases in which this absolute privilege might be established are restricted. It is commonly identified that the interests of the appropriate government functioning needs that evident citizens and officials are entirely safe from defamation actions.

Fair Comment

If the direct opinion is expressed by the defendant related to the issues of the interest of public, they might not be accountable for defamation. However, there are several precise requirements for the establishment of this defence (Comasters.com, 2001). For instance, it should be obvious that the statement is just an opinion, not merely the fact's expression and the publication should direct to the facts that are considered as foundation of the opinion.

Consent

The defence is created when the defendant can provide the proofs that the plaintiff allowed to the publication of the defamatory. The defendant must bring the proof of what plaintiff allowed to the particular article's imputations.

Question 6)

The reasons that why the two parties will not want to take this case to court is that fro instance if the proceedings of court will end up in the favor of the plaintiff then the defendant will have to publish an apology for plaintiff and will also ...