X wrote a letter to Y containing defamatory content and sealed it in an envelope. A servant of Y, without authorization, opened and read the letter. Y sues X for defamation. Determine X’s liability
TheSayeed Answered question March 15, 2024
Facts of the Case:
- X authored a letter to Y containing defamatory content.
- The letter was sealed in an envelope.
- A servant of Y, without permission, opened and read the contents of the sealed letter.
Issue in the Case:
- Can Y successfully sue X for defamation based on the contents of the letter, even though it was opened and read by Y’s servant?
Principle:
- Defamation entails the publication of a statement that tends to lower a person’s reputation in the eyes of society.
- Publication refers to conveying defamatory content to individuals other than the subject of the statement.
Judgment:
- X is not liable for defamation.
- The defamatory statement was not published in the traditional sense because it was intended solely for Y and was sealed within an envelope.
- X took reasonable steps to prevent the dissemination of the defamatory content by sealing it in an envelope addressed to Y.
- The act of the servant in opening and reading the sealed letter was unauthorized and not the fault of X.
- Since there was no intentional publication of the defamatory material by X to third parties, X cannot be held liable for defamation.
- Therefore, Y cannot succeed in the defamation suit against X.
In conclusion, X is not liable for defamation due to the absence of intentional publication of defamatory material to third parties.
TheSayeed Answered question March 15, 2024