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X, a publisher of a newspaper, agrees to publish at Y's request a defamatory article in respect of Z as…

An express indemnity to publish matter known to be defamatory concerns an unlawful, wrongful act and is unenforceable as opposed to public policy (cf. W.H. Smith v Clinton),…

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X, a publisher of a newspaper, agrees to publish at Y's request a defamatory article in respect of Z as Y agrees to indemnify X against the consequences of the publication. In a Suit by Z, X has to pay damages and incur expenses. Which one of the following is the correct statement regarding the liability of Y?

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Correct answer B

An express indemnity to publish matter known to be defamatory concerns an unlawful, wrongful act and is unenforceable as opposed to public policy (cf. W.H. Smith v Clinton), so "Y is not liable as the act was criminal" and need not indemnify X.

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