Consequences of Notification Errors in Breach of Contract Cases
Querist :
Anonymous
(Querist) 03 September 2024
This query is : Resolved
1. Mr. Arun Mehta, a well-known solicitor, was representing Mrs. Anjali Desai in a complex property dispute. During the course of the legal proceedings, Mr. Mehta was approached by the opposing party, Mr. Rajesh Singh, who offered him a significant sum of money to share confidential information about Mrs. Desai's case. Mr. Mehta refused the offer and informed Mrs. Desai about the attempted bribery. However, despite his refusal, Mr. Singh publicly accused Mr. Mehta of accepting the bribe and leaking sensitive details of the case, damaging Mr. Mehta's reputation.
Mr. Mehta decided to sue Mr. Singh for defamation. Meanwhile, Mrs. Desai, worried about the integrity of her case, decided to terminate Mr. Mehta's services and hire a new solicitor, citing concerns over the potential conflict of interest. In this case what are the legal implications of Mr. Mehta's decision to sue for defamation. What are the necessary elements he must prove to establish a successful defamation claim? Could Mr. Mehta have any legal recourse against Mrs. Desai for wrongful termination of their contract, considering the circumstances?
T. Kalaiselvan, Advocate
(Expert) 04 September 2024
The essence of the offence of defamation is the publication of an imputation with the knowledge that it will harm the reputation of the person defamed. The complainant must show that the accused had intended or known or had reason to believe that the imputation made by him would harm the reputation of the complainant.
The decision to terminate the services of an advocate is the client's own decision and it cannot be challenged by the advocate whose services stand terminated.
