Literature and Case Analysis of Defamation

Current article

The name of the article is called “The Cooks, The Critics, The Restaurant Proprietor, And Their Court Cases.” The article was written by Noric Dilanchian on Tuesday, 20 July 2010 in Sydney Morning Herald Newspaper. It was a case that ruled that defamation can occur even when the case concerned reviews are found in electronic or other forms. The case included the restaurant proprietors’ cooks and their critics. The reason for the ruling is that despite the way the defaming information is spread, there is a danger that it causes and thus damage is caused on the complainant.

The article is based on a business fact that is in the increase in today’s business world which is highly influenced by the use of a computer. Generally, by the mention of defamation what comes to one’s mind is a person case, but the case takes a different angle. As we progress to start a course in business law, this will be a relevant case that has opened my mind (Noric 1-3).

Related case

John Fairfax Publications Pty Ltd and Matthew Evans v Aleksandra Gacic, Ljiljana Gacic, and Branislav Ciric

Both the cases are of the opinion that in case of defamation then the complainant has the legal right to sue. This has been extended to business cases just the same way they are in human beings. In the earlier case, there was no electronic defamation, but the issue is brought in the second case. The earlier was on a publication, it had been decided on 14TH June 2007 by Malcolm Brown (High Court of Australia 1).

The case was decided by three judges namely Justices Gleeson, Michael Kirby, and Crennan.

Related Statute

Statutory Rules 1998 No. 162 as amended made under the Trade Practices Act 1974. The above case portrays a way of conducting business that is not ethical. This contravenes Statutory Rules 1998 No. 162 as amended made under the Trade Practices Act 1974 requires even and proper business practices.

Works cited

High Court of Australia. John Fairfax publications Pty ltd and Matthew Evans v Aleksandra Gacic, Ljiljana Gacic and Branislav Ciric. 2007. Web.

Trade Practices (Industry Codes —Franchising) Regulations 1998 Statutory Rules 1998 No. 162 as amended made under the Trade Practices Act 1974. Web.

Noric Dilanchian. “The cooks, the critics, the restaurant proprietors and their court cases”. Sydney Morning Herald. Tues. 2010. Web.

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