Asked in Uncategorized

Q: Tort Law - Question in more information:

Mrs. Bevan owns a popular, busy vegetarian café. After being closed due to the recent Covid pandemic, she is now able to open at last. She has fully disinfected and deep cleaned her premises, with clear signs for social distancing and is conforming to all of the Government legal requirements.

A disgruntled neighbor, Mr. Jones, who objects to vegetarianism has written to his local paper saying that the café is unsafe and all visiting patrons will be at a high risk of getting Covid, owing to the lack of hygiene.

Mr. Jones has also told his friends and neighbors the same thing. All this has caused Mrs. Bevan to lose business.

Advise Mrs. Bevan what she can do under the law of Defamation?

Related Topics:
1 Lawyer Answer
Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY

A: It looks like you are a student. You must apply an analysis in terms of whether defamation has taken place. Go to your textbook and look at the elements that define this tort. Now try to apply those elements to the facts of the scenario. Here is something to think about in starting your analysis - were the statements true or false? If you have a good textbook, you will probably see other elements fall into place. Good luck.

Tim Akpinar

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.