The “Harbinger,” a newspaper of wide circulation recently published an educational article in one part of its columns “the close structural resemblance between man and...

      

The “Harbinger,” a newspaper of wide circulation recently published an educational article in one part of its columns “the close structural resemblance between man and the gorilla.” It illustrated the point by two photographs. One was a man in a wrestling pose with the caption “Hamisi Nduati not fundamentally different from the gorilla in physique.” Mr. Hamisi Nduati has realized that the photograph was taken in one of his wrestling contests which he won. He alleges that he enjoys international reputation as an outstanding wrestler and he therefore argues that he has been defamed. He comes to you for legal advice.
Advise him.

  

Answers


Raphael
- This problem is based on the tort of defamation with specific reference to libel.?
- In this case, it is apparent that Hamisi Nduati has not been defamed by the article and caption in “The Harbinger.”
- This is because the article in question was educational in character and only uses Hamisi
Nduati's photograph to illustrate a scientific point. In any event an ordinary person reading the article and the caption would not discern a defamatory intention.
- At the very most Hamisi Nduati can only argue that he has been abused by “The Harbinger” for which he has no actionable claim.
- My advise to Hamisi Nduati is that he has no action for defamation.
- My advise is based on interalia the absence of the perquisites for defamation
raphael answered the question on April 16, 2018 at 18:06


Next: In relation to the law of property, explain the difference between each of the following; (i) Ownership and possession. (ii) Fee simple and leasehold.
Previous: Distinguish the following: Law and Morality

View More CPA Commercial Law Questions and Answers | Return to Questions Index


Exams With Marking Schemes

Related Questions