Question

2)Kenneth has been a regular patron to Waterloo Jockey Club, on a particular day, the race track excluded him from the premises because he was very successful. Kenneth left and showed up again in the Jockey club the next meeting.

ØUnder which tort can Jockey club sue? Discuss the elements of the tort and determine whether they are likely to succeed?

Answer 1

• This comes under “Qualified Privilege” and “Defamation”

• It is a defense for defamation, for actions or statements that were made in the performance of a legal, social or moral duty.

• It protects those who are required to express their opinions during the course of their duty or work

• The defense will succeed if the defendant can prove that the statements were made in good faith, without any malice.

If they can prove their intentions, they are likely to succceed.