Theaker v Richardson

320 words (1 pages) Case Summary in Cases

07/03/18 Cases Reference this

Disclaimer: This work was produced by one of our professional writers as a learning aid to help you with your studies.

Any opinions, findings, conclusions or recommendations expressed in this material are those of the author and do not necessarily reflect the views of Parallelewelten.net.

If you would like to view samples of the work produced by our academic writers please click here.

Theaker v Richardson [1962] 1 WLR 151

Claim of libel where husband opened defamatory letter addressed to wife

Facts

The defendant (R) wrote to the plaintiff (T) accusing her of, amongst other things, being “a very dirty whore.” T’s husband opened the letter thinking that it was an election address. At trial, the jury found that there was a valid claim of libel because R anticipated that someone other than T may have opened the letter.

Issue

R appealed and contended that the findings of the jury were perverse. R argued that there was no “publication” of the libel because the defendant could not have anticipated that T’s husband would have opened the letter. It was conceded that there was no publication other than to T’s husband. Thus, the key question was whether the libel was published where only T’s husband had read it.

Held

The Court of Appeal dismissed the appeal. The trial jury’s finding could not be said to be perverse. The answer to the question of publication of a libel contained in a letter depends on the state of the defendant’s knowledge, either proved or inferred, of the conditions likely to prevail in the place to which the libel is destined. Further, the question of whether the opening and reading of the letter by T’s husband was something which could happen in the ordinary course of events was clearly one for the jury and not the Court. Judicial notice should not be taken of the fact that husbands read wives’ letters and the jury was entitled to consider R’s behaviour especially considering that he had no warranty for any of the scandalous things he had said in the letter.

275 words

Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.

Related Services

View all

DMCA / Removal Request

If you are the original writer of this essay and no longer wish to have the essay published on the UK Essays website then please.

метан

https://farm-pump-ua.com

акриловые краски купить

Current Offers