Any civil wrong is subject matter of Law of torts. Principles of law of torts have been discussed in this presentation for the students in simple ways.
Any civil wrong is subject matter of Law of torts. Principles of law of torts have been discussed in this presentation for the students in simple ways.
THE SLIDES CONCENTRATE N THE ISLAMIC CONCEPT OF PRE-EMPTION (SHUFA). IT INCLUDES ITS PRESENT AND CONSTITUTIONAL STATUS AS WELL. HELPFUL FOR LAW STUDENTS AND PROFESSIONALS
Detailed Presentation on Defamation Law in India
Made By:
Edited By: Ayush Patria, Sangam University, Bhilwara
Follow us on Instagram: @law_laboratory
Website: www.lawlaboratory.in
This Presentation details the specifics of public and private nuisance and give scenarios of each so that readers can fully understand the concepts applicable to business law.
defamation ppt- in this ppt the following topics are covered:-
1.defamation- meaning and definition
2.kinds of defamation
3.essentials of defamation
4.defences against defamation
THE SLIDES CONCENTRATE N THE ISLAMIC CONCEPT OF PRE-EMPTION (SHUFA). IT INCLUDES ITS PRESENT AND CONSTITUTIONAL STATUS AS WELL. HELPFUL FOR LAW STUDENTS AND PROFESSIONALS
Detailed Presentation on Defamation Law in India
Made By:
Edited By: Ayush Patria, Sangam University, Bhilwara
Follow us on Instagram: @law_laboratory
Website: www.lawlaboratory.in
This Presentation details the specifics of public and private nuisance and give scenarios of each so that readers can fully understand the concepts applicable to business law.
defamation ppt- in this ppt the following topics are covered:-
1.defamation- meaning and definition
2.kinds of defamation
3.essentials of defamation
4.defences against defamation
The slides aim to train members of Ateneo Debate Union to detect fallacies in argumentation. It is the hope that this would enhance their case construction skills. The principles used borrows heavily from logic.
Evaluate Your Argument on the IssueIn this chapter you will lear.docxgitagrimston
Evaluate Your Argument on the Issue
In this chapter you will learn how to identify and overcome errors in reasoning. This is a special step that applies only to issues because resolving issues involves finding the most reasonable belief.
Two broad kinds of errors are examined—errors affecting the truth of your ideas and errors affecting the quality of your reasoning. A step-by-step approach to evaluate arguments is also included.
Because your main objective in addressing an issue is not to find the most effective action but to determine the most reasonable belief, your main task in refining an issue is to evaluate your argument to be sure that it is free of error. Two broad kinds of error must be considered. The first affects the truth of the argument’s premises or assertions. The second affects the argument’s validity—that is, the legitimacy of the reasoning by which the conclusion was reached. A sound argument is both true and valid.
Errors Affecting Truth
Errors affecting truth are found by testing the accuracy of the premises and the conclusion as individual statements. The first and most common error in this category is simple factual inaccuracy. If we have investigated the issue properly and have taken care to verify our evidence whenever possible, such errors should not be present. We will therefore limit our consideration to the more subtle and common errors:
· Either/or thinking
· Avoiding the issue
· Overgeneralizing
· Oversimplifying
· Double standard
· Shifting the burden of proof
· Irrational appeal
Either/Or Thinking
This error consists of believing that only two choices are possible in situations in which there are actually more than two choices. A common example of either/or thinking occurs in the creationism-versus-evolution debate. Both sides are often guilty of the error. “The biblical story of creation and scientific evolution cannot both be right,” they say. “It must be either one or the other.” They are mistaken. There is a third possibility: that there is a God who created everything but did so through evolution. Whether this position is the best one may, of course, be disputed. But it is an error to ignore its existence.
Either/or thinking undoubtedly occurs because, in controversy, the spotlight is usually on the most obvious positions, those most clearly in conflict. Any other position, especially a subtle one, is ignored. Such thinking is best overcome by conscientiously searching out all possible views before choosing one. If you find either/or thinking in your position on an issue, ask yourself, “Why must it be one view or the other? Why not both or neither?”
Avoiding the Issue
The attorney was just beginning to try the case in court when her associate learned that their key witness had changed his mind about testifying. The associate handed the attorney this note: “Have no case. Abuse the other side.” That is the form avoiding the issue often takes: deliberately attacking the person with the opposing view i ...
Second Discussion Guide for the course Introduction to Logic, which I teach at an international business school. All contents were quoted directly from Critical Thinking by Moore and Parker
Mission CriticalHumanities 1BFallacies and Non-RaIlonaThornburg83
Mission Critical:
Humanities 1B
Fallacies
and
Non-Rational Persuasion
1. Fallacious Appeals
2. Ad Hominem Attacks
3. Fallacious Generalizations
4. Post Hoc Reasoning
5. Straw Man Fallacy
6. Shifting the Burden of Proof
7. Circular Reasoning
8. Loaded Questions
9. False Dilemma
10. Unfair Fallacies
1. Introduction to Fallacious Appeals
We often make legitimate appeals in support of arguments. For example, to support a statement about the relationship between energy and mass, Danielle might appeal to Albert Einstein's theories as an authoritative source. To support a claim dealing with guns and gun control, Janelle might appeal to the Bill of Rights. And to support an argument on immigration, Claudelle might appeal to the humanity or generosity of her audience. As long as Einstein is an authority on Danielle's topic, as long as the Bill of Rights deals with Janelle's topic, and as long as the generosity of her audience is directly related to Claudelle's topic, each of these appeals would be perfectly acceptable.
However, what if Danielle had appealed to Einstein as an authority on rap music, or if Janelle had used the Bill of Rights to support a claim about which store has the best prices, or if Claudelle had appealed to the generosity of the judges in evaluating her performance in gymnastics? We would probably have a puzzled reaction, since these appeals would seem to have little or nothing to do with the claims they were used to support.
The problem is that fallacious appeals are not always as obvious as these last three, and it necessary for the critical thinker to determine, in each case, whether an appeal is appropriate or not. Generally speaking, fallacious appeals can be divided into two groups: misdirected appeals and emotional appeals.
In a misdirected appeal, an otherwise legitimate appeal is misapplied by being used to support an unrelated claim. Danielle's use of Einstein, who was an authority but not on rap music, and Janelle's use of the Bill of Rights, which guarantees some things but not which store has the best prices, are examples of misdirected appeals.
By itself, an emotional appeal is never a legitimate strategy in an argument, because it is based on emotions rather than verifiable or evaluative support. Claudelle's appeal to the generosity of her audience in an argument about immigration, for example, would be appropriate as long as she was discussing that generosity as a value related to the subject. However, an appeal to the generosity of the judges at a gymnastic meet is merely a play on their emotions (probably an appeal to their pity); anyway, the value of generosity has nothing to do with the evaluations the judges would render. Thus, Claudelle's appeal to the judges' generosity would be a fallacious emotional appeal.
The following are some of the most common fallacious appeals. Popular variations on the names are also listed.
Misdirected Appeals
A. Appeal to Authority, or Appeal to Que ...
this presentation explains important concepts/definitions of
PROPERTY, ITS KINDS, IMMOVABLE AND MOVABLE
PROPERTY, LAND, INSTRUMENT, ATTESTED,
REGISTERED, and ACTIONABLE CLAIMS
Code of civil procedure 1908 miscellaneous, interest,cost, exemption from app...Dr. Vikas Khakare
This contains miscellaneous provision like interest in suit, cost of suit, persons exempted for appearing in the court, caveat and inherent powers of court.
Code of civil procedure 1986 supplemental proceedingDr. Vikas Khakare
It contains provisions under Code of Civil Procedure regarding supplemental proceeding like Arrest before judgment; Arrest before judgment; Temporary injunction and Appointment of receiver.
Code of civil procedure 1908 suits in particular cases pptxDr. Vikas Khakare
This presentation contains provision as to suits in particular cases. It include provisions under Code of Civil Procedure as to suit by or against government and public office; suit by or against corporation; suit by or against minor and person of unsound mind; suit by indigent person and interpleader suits.
This contains provision under Constitution of India for constitutional remedies which is provided under Article 32. It explains writ of Hebeas Corpus, Mandamus, Certiorary, and Prohibition.
Constitution of india directive principles of state policy and fundamental d...Dr. Vikas Khakare
This contains Directive Principles of State Policy under the Constitution of India. The relation between directive principle of State policy and fundamental rights. It also contains fundamental duties in the Constitution of India.
This contains important provisions of Indian Limitation Act 1963, definitions, principles, bar of suit, effects of limitation, computation of limitation period etc.
this contains provisions as to execution of decree and orders, provisions for execution of different orders, modes of execution by detention, arrest and attachment.
Cpc learning module 4 appearance, examination and trialDr. Vikas Khakare
This contains provisions as to appearance of parties before court, effects of appearance, non appearance, adjournment, examination by court, issue of commission, arrest before judgment, attachment before judgment, appointment of receiver, interest and cost.
Code of civil procedure 1908 reference, review, revisionDr. Vikas Khakare
This explains what is reference, review and revision. when and where it can be made. It also explains difference between reference, review and revision.
Ethnobotany and Ethnopharmacology:
Ethnobotany in herbal drug evaluation,
Impact of Ethnobotany in traditional medicine,
New development in herbals,
Bio-prospecting tools for drug discovery,
Role of Ethnopharmacology in drug evaluation,
Reverse Pharmacology.
The Art Pastor's Guide to Sabbath | Steve ThomasonSteve Thomason
What is the purpose of the Sabbath Law in the Torah. It is interesting to compare how the context of the law shifts from Exodus to Deuteronomy. Who gets to rest, and why?
How to Split Bills in the Odoo 17 POS ModuleCeline George
Bills have a main role in point of sale procedure. It will help to track sales, handling payments and giving receipts to customers. Bill splitting also has an important role in POS. For example, If some friends come together for dinner and if they want to divide the bill then it is possible by POS bill splitting. This slide will show how to split bills in odoo 17 POS.
We all have good and bad thoughts from time to time and situation to situation. We are bombarded daily with spiraling thoughts(both negative and positive) creating all-consuming feel , making us difficult to manage with associated suffering. Good thoughts are like our Mob Signal (Positive thought) amidst noise(negative thought) in the atmosphere. Negative thoughts like noise outweigh positive thoughts. These thoughts often create unwanted confusion, trouble, stress and frustration in our mind as well as chaos in our physical world. Negative thoughts are also known as “distorted thinking”.
Instructions for Submissions thorugh G- Classroom.pptxJheel Barad
This presentation provides a briefing on how to upload submissions and documents in Google Classroom. It was prepared as part of an orientation for new Sainik School in-service teacher trainees. As a training officer, my goal is to ensure that you are comfortable and proficient with this essential tool for managing assignments and fostering student engagement.
2. Dr.KhakareVikas
• This is also known as wrongs affecting
reputation.
• Word ‘reputation’ is synonymous with ‘fame’.
• ‘reputation’ is the beliefs or opinions that are
generally held about someone or something.
• It is widespread belief that someone or
something has a particular habit or characteristic.
• ‘Fame’ is the condition of being known or talked
about by many people, esp. on account of
notable achievements.
3. Dr.KhakareVikas
Definition
• Winfield, “Defamation is the publication of a statement which
tends to lower a person in the estimation of right thinking
members of the society generally or which tends to make
them hate or avoid that person”.
• Underhill, “Defamation is the publication of a false and
defamatory statement concerning another without just cause
or excuse, whereby he suffers injury to his reputation”.
• Salmond, “ Defamation consists in the publication of a false
and defamatory statement concerning another without lawful
justification”.
4. Dr.KhakareVikas
...
• The constitution of India has provided
fundamental right of freedom of speech and
expression. But this right is not absolute and
subject to certain limitations. A person may
speak or express his ideas but it should not
cause defamation of another.
6. Dr.KhakareVikas
Libel
• Libel is publication of a false and defamatory statement
in some permanent form tending to injure the reputation
of another person without lawful justification or excuse.
• Examples- writing, printing, picture, effigy, online
publication, cartoons, etc.
7. Dr.KhakareVikas
Slander
• Slander is false or defamatory, verbal or oral statement
in some transitory form, tending to injure the reputation
of another without lawful justification or excuse.
• Example- words uttered, comments, explanation, on
radio, television etc.
8. Dr.KhakareVikas
libel slander
1. It is written defamation
addressed to the eye.
2. It is in permanent form.
3. It is both civil and
criminal wrong.
4. It is actionable per se.
1. It is spoken defamation
addressed to ear.
2. It is in transitory form.
3. It is civil wrong only.
4. It is not actionable per se
unless there is special
damage.
9. Dr.KhakareVikas
Distinction in India
• About libel and slander law is different in India. In English
law, libel is under criminal law while slander is under civil
law. In India, both are under criminal law and for both
civil action is possible.
10. Dr.KhakareVikas
Essential elements for defamation
1. False statement.
2. Publication.
3. Published by defendant.
4. The statement must refer to plaintiff.
5. Defamatory statement.
11. Dr.KhakareVikas
1. False statement
• The statement must be false. It means which is
not true.
• If the statement is not false or actual narration; it
is not amounting to defamation.
• Here statement include written and oral
statement.
12. Dr.KhakareVikas
2. Publication.
• Publication of the statement is necessary for defamation.
• ‘Publication’ is understood in technical sense in relation
to the tort of defamation. It means the contents of the
defamatory statement are conveyed to someone else
other than the plaintiff.
• If defendant has communicated defamatory statement
only to the plaintiff and to none else then, it shall not
amount to defamation.
• If the defamatory letter is send to the plaintiff is likely to
be read by somebody else, there is a publication.
13. Dr.KhakareVikas
3. Published by defendant.
• The statement must be published by the defendant.
• Where plaintiff himself publishes statement; no action
lies.
• Where publishers are jointly and severally liable; all can
be sued. For example – writer, editor and publisher of
news paper.
14. Dr.KhakareVikas
4. The statement must refer to plaintiff
• “In an action for libel, the question is not who was meant
but rather who was hit.”
• In an action for defamation, the statement alleged must
refer to the plaintiff.
• It is not necessary to show that, the defendant intended
to refer the plaintiff.
15. Dr.KhakareVikas
...
• Plaintiff has to prove that the statement referred to him. It
is immaterial that the defendant did no intend to defame
the plaintiff. If the person to whom the statement was
published could reasonably infer that the statement
referred to the plaintiff then defendant is liable.
• In case of defamatory statement, intention or motive are
immaterial. Good faith or ignorance of the defamatory
statement is not defence. The burden of proof that the
words are false does not lie on the plaintiff.
16. Dr.KhakareVikas
5. Defamatory statement.
• Only defamatory statement amounts to
defamation.
• A statement is defamatory
if it lowers down plaintiff in the estimation of right
thinking persons of the society OR
it is a statement which if known to a reasonable
person shall cause him to be shun and avoided
by the person in the society.
17. Dr.KhakareVikas
...
• A statement is defamatory if it tends to injure reputation
of a person.
• it is not necessary that such injury to reputation should
be in the eyes of everyone; but it is sufficient if such
injury is in the eyes of certain group of respectable
persons.
18. Dr.KhakareVikas
Innuendo
• Sometimes defamation is not , in terms apparent or
prima facie clear. It is often couched in subtle language.
• The words are not defamatory in its ordinary sense but
due to circumstances it amount to defamatory. This is
innuendo.
• It is a kind of remark, intimation or question which is
disparaging or insinuation.
• Example – A tells B, that C is under treatment of Dr. D. If
D is a well known psychiatrist, then C may plead by way
of innuendo A has published to B that, C is insane and
under treatment.
19. Dr.KhakareVikas
Remedy
• Under law of torts, for publication of a defamatory
statement, plaintiff can file a suit for injunction and
damages.
1. Injunction
plaintiff can claim injunction against the defendant for not
publish such defamatory statement. Generally
prohibitary injunction is claimed by the plaintiff.
20. Dr.KhakareVikas
...
2. Damages
For publication of defamatory statement, plaintiff can
claim damages. In cases for defamatory statement, there
is presumption of damage or injury to reputation of the
plaintiff. For this plaintiff may get nominal damages. To
claim substantial damages, plaintiff must prove that, he
sustained actual economical or otherwise injury.
21. Dr.KhakareVikas
Defences
• In the suit of defamation; defendant can use the
following defences to avoid his liability.
1. Justification or truth.
2. Fair and bonafide comment.
3. Privilege
- absolute
- qualified
4. Apology
22. Dr.KhakareVikas
1. Justification or truth.
• The truth of defamatory words is complete defence.
• If the statement is true; the motive is irrelevant.
• Statement based on rumours is not sufficient.
• The truth must be proved by the defendant otherwise he
will be liable.
23. Dr.KhakareVikas
2. Fair and bonafide comment
• This is another defence for an action of defamation. To
avail this defence following conditions are essential.
1. It must be a comment.
2. The comment must be fair.
3. The matter commented upon must be of public matter.
24. Dr.KhakareVikas
...
1. It must be a comment.
Comment means, an expression of opinion on
certain facts. It is different than mere statement of fact. It
is essential that, the facts commented upon must be
either known to the audience addressed.
25. Dr.KhakareVikas
...
2. The comment must be fair.
Fair comment means, comments honestly believed
to be true and not inspired by any malicious motive.
A comment based upon untrue fact, is not fair
comment.
26. Dr.KhakareVikas
...
3. The matter commented upon must be of public matter.
To treat a comment upon public matter, such matter
must be-
a) in which the public in general have a legitimate
interest, directly or indirectly, nationally or locally.
b) matters which are expressly or impliedly submitted to
public criticism or attention.
Eg.- administration of Government, departments,
public companies, courts, conduct of public men like
ministers and officers, public institutions, public meetings,
plays, books, artist etc.
27. Dr.KhakareVikas
3. Privilege
• Privilege means that a person stands in such a relation
to the facts of the case that he is justified in saying or
writing what would be defamatory. In this situation, right
of defendant is more important than right of reputation of
plaintiff.
• There are two types of privilege ‘absolute’ and ‘qualified’
privilege.
28. Dr.KhakareVikas
Absolute privilege
• A statement is absolutely privileged when no action lies
for it; when it is false, defamatory and with express
malice.
• Eg.
Parliamentary proceeding
Judicial proceeding
Military proceeding
State proceeding
Judicial report
29. Dr.KhakareVikas
Qualified’ privilege
• A statement is said to be qualified privilege, when no
action lies for it even though it is false and defamatory
unless it is made with express malice.
• Eg/ communication made in the course of legal, social or
moral duty,
• for self protection,
• for protection of common interest, and
• for public good
30. Dr.KhakareVikas
4. Apology
• This is a statutory defence in an action for libel contained
in a public newspaper or periodical, wherein apology is
published and accepted.
• For this defence, defendant must show absence of
malice and gross negligence and such apology should
be published at the earliest.