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Old 24-11-2007, 11:36 AM
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Omaroo (Chris Malikoff)
Let there be night...

Omaroo is offline
 
Join Date: Aug 2006
Location: Hobart, TAS
Posts: 7,639
Quote:
Libel: Can you succeed in law?
In a libel action, the plaintiff must prove three elements of the tort of libel:

1) The statement has been made to a third party.

2) The statement referred to the plaintiff. (This does not mean that the statement has to refer expressly to the plaintiff. A statement can be actionable if it is reasonably capable of referring to the plaintiff).

3) The statement must be defamatory, which means that it must be a false statement to the plaintiff's discredit.
Point three - "must be a false statement to the plaintiff's discredit" say it all. It must be a false statement.

If it's true? If an EBAY SELLER rips you off, how are you going to react? You'd certainly want to make sure your friends don't get stung too!

Now a bit of fun: New logo - no disrespect intended, just an "Aussie" thing to do: (Unless by being an Aussie we shouldn't try this sort of humour any more for fear of being sued) I'm getting tired of this nation becoming a haven for apologists.
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