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Mohini Pandey   06 September 2024

Defamation

Maya owns a bakery with multiple franchises throughout the city. At a casual evening gathering, she overhears a conversation between two bakery owners. One of them says, “It’s crazy how some people just can’t keep their bakery clean. I heard this one place is always having hygiene issues!” Maya immediately thinks of one of her franchises, which had a recent problem with hygiene. Even though the comment wasn’t specifically about her bakery, Maya notices a significant drop in customer traffic and worries that the negative gossip is affecting her business. 

Can Maya sue for defamation based on the overheard comment, even though it wasn’t explicitly about her bakery? Since the remark was vague but seemed to point towards her business, how will the court assess whether this constitutes a tort? What does Maya need to prove to show that the comment led to real damage to her bakery’s reputation and customer base?



Learning

 2 Replies

H.M.Patnaik (Proprietor)     14 October 2024

Simply on the basis of some casual comments passed in social gathering , tort can not be established by Maya. However,if  the act is deliberately intended by a competitive business house to create a negative impact  on the business interest of Maya's bakery without any established basis would be treated actionable under Tort.

P. Venu (Advocate)     15 October 2024

This platform is not meant for answering moot court questions!


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