Opinion is generally a valid defense in a defamation lawsuit because it cannot be proven to be true or false. In order for a plaintiff to win a case involving intentional infliction of emotional distress, she must prove the defendant acted in an extreme and outrageous manner.
Truth. Truth is an absolute defense to defamation. Remember that defamation is a false statement of fact.
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Truth is generally an absolute defense to defamation because the tort of defamation requires an "untrue" statement as one of the elements of the tort.
Truth is normally an absolute defense against defamation.
Answer: The mistake of law: No defence in each civil and criminal case. The mistake of fact: Not valid in torts.
Act of God serves as a good defence under the law of torts. It is also recognized as a valid defence in the rule of 'Strict Liability' in the case of Rylands v. Fletcher[28]. The defence of Act of God and Inevitable accident might look the same but they are different.
Truth is the most important defence or justification for defamation. This is because only false statements against a person constitute defamation. Hence, if the person making the statements proves them to be true, he can escape liability. However, this defence might not apply in criminal proceedings for defamation.