The Right to a Good (Business) Reputation and Truth: Re-examining the Declaration of Falsity
This article re-examines the following objections to a declaration of falsity in respect of a defamation claim at common law: that there is no legal right to a good reputation, the granting of such a relief would subvert the balance under the defence of qualified privilege, the concern with the opening of floodgates, that judicial discretion should be exercised against granting such a declaration in the absence of full evidence and argument as to the truth or falsity of the imputations, and where there is an award of damages, it would already provide vindication to the plaintiff. It also makes a case for declaration of falsity as an alternative remedy in limited circumstances.
Tort, Defamation, Remedies
Law, Society and Governance
Torts Law Journal
CHAN, Gary Kok Yew.
The Right to a Good (Business) Reputation and Truth: Re-examining the Declaration of Falsity. (2016). Torts Law Journal. 23, (2), 163-185. Research Collection School Of Law.
Available at: http://ink.library.smu.edu.sg/sol_research/1819