Title

The Right to a Good (Business) Reputation and Truth: Re-examining the Declaration of Falsity

Publication Type

Journal Article

Publication Date

12-2016

Abstract

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.

Keywords

Tort, Defamation, Remedies

Discipline

Torts

Research Areas

Law, Society and Governance

Publication

Torts Law Journal

Volume

23

Issue

2

First Page

163

Last Page

185

ISSN

1038-5967

Publisher

Butterworths

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