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In the common law of tort, to which of these claims does the defence of qualified privilege for a…

Qualified privilege can protect a defamatory communication made on an occasion involving a corresponding duty or interest. Malice can defeat qualified privilege.

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In the common law of tort, to which of these claims does the defence of qualified privilege for a communication apply?

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Answer and explanation

Correct answer A

Qualified privilege can protect a defamatory communication made on an occasion involving a corresponding duty or interest.

Malice can defeat qualified privilege.

Option feedback

Option A

Defamation is the claim to which qualified privilege for a communication applies.

Option B

Malicious prosecution has its own elements. A privileged defamatory communication is a separate issue.

Option C

Misfeasance concerns abuse of public power, rather than a privileged communication in defamation.

Option D

The defence at issue addresses communications in defamation.

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