An injurious falsehood is something that ruins the image or commercial success of an individual through the act of malicious statements. It is a tort that the claimant can use to establish the injurious falsehood against the one responsible to harm his/her reputation. The important elements of claiming can either be written or spoken encouraging others that they are not to deal with the plaintiff, causing harm as a result.
Injurious Falsehood is different from defamation (rather more professional than personal), although it shares certain characteristics with a defamation action and it comes under civil wrong, for which compensation may be available.
Can you claim against injurious falsehood?
A claim of an injurious falsehood can be possible if the subject-matter of the statement can prove the following:
- The false utterance was directly associated with that person and his/her business
- The statement was published for anyone other than the defendant
- The person is able to prove the harm caused
- The plaintiff can prove the real loss, such as the loss of business that is due to false statements. Due to Injurious falsehood, there should be a cause of loss which is any kind of loss, intention, or loss which is the natural and potential consequence of the false statement.
To assess losses for injurious falsehood in Australia: –
In judging the amount of damage, the court may consider the following factors:
- The severity of false accusations
- Publishing limit
- Potential ‘grapes’ effect
- Size of affected business
- Impact on the plaintiff’s personal reputation And
- Did the respondent apologize for the situation and tried to improve it
Defending a civil case can be an expensive exercise, hence get help from our best Defamation Lawyers Perth, who will make you understand your rights and obligations before going to the court.
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