Problem
Case
The Alkabe Corporation owned a large piece of land on which it planned to develop a shopping mall. When the starting date of that project was delayed, the com[1]pany erected a one-metre-high fence around the site and posted a notice: "absolutely no trespassing." The site nevertheless became a very popular play area for local children. A number of young teens created a large ramp that they used for jumping their bikes. Alkabe learned of that fact, but it took no steps to stop the children from playing on the site. Some time later, Jyoti, a 13-year-old, was seriously injured when she flipped her bike while racing over the ramp. Would Alkabe be held liable for the tort of occupiers' liability under the traditional common law rules? Assuming that the accident occurred in the jurisdiction in which you live, will Alkabe be held liable for the tort of occupiers' liability? Explain your answer.
Dina Papadopoulos is a journalism student at Metro Uni[1]versity. Since her goal is to become an investigative reporter, she joined her university's newspaper-the Metro Squawker -as a writer. Jiang Lee, another student at the university, occupies the position of Treasurer on the Student Union. The Union received several anonymous allegations that Jiang was spending the Student Union's money for his own benefit. Carl Polano, an art history major and the President of the Union, carried out an informal investigation of Jiang. Although Carl has no experience in financial matters and although he did not have access to all of the relevant documents, he became convinced that Jiang was indeed stealing money from the Union. Carl then called Dina, as well as three members of the Student Union, to his dorm room to talk about the matter. Carl presented his evidence and accused Jiang of financial misconduct. The other members of the Union insisted that the issues would have to be raised during the next Student Union meeting. Dina, who has some experience with financial fraud, came to her own conclusion that Jiang was almost certainly guilty. The next issue of the Metro Squawker contained her report in which she called upon Jiang Lee "to resign from the Student Union and refund the money that he has stolen." Jiang has sued for defamation. Discuss the case.
Task
1) Why is publication critically important to the tort of defamation? Why do I not commit the tort of defamation if, in the course of a private conversation, I wrongly accuse you of some horrible crime?
2) Explain the defences of absolute privilege and qualified privilege. Outline the situations in which those defences will apply.
3) Describe the defence of fair comment. Why is that defence especially important to businesses such as newspapers, magazines, and television broadcasters?
4) Explain the general approach of occupiers' liability legisla[1]tion. In what ways are the statutory rules significantly different from the common law rules?
5) Can a landlord ever be held liable under the tort of occupiers' liability if a claimant is injured while visiting a property that is being rented by a tenant? Explain your answer.