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Legal Terms - Apology
An apology is a legal defense used in circumstances of accidental defamation. It applies when the defendant has defamed the claimant without fault and with innocence. However, the defendant must have also provided an appropriate corrective.
Apology and compensation have been provided in instances where a libel is published with malice or gross negligence. Alternatively, if a libel is published in a newspaper or periodical without malice or gross negligence, and an apology is published prior to legal action, it may be considered. The defense referred to as "accord and satisfaction" was developed in the case of Boosey v Wood (1865) H & C 484. Furthermore, the defendant's act of making or offering an apology can always be considered as a factor in reducing the amount of damages awarded.
An apology is a legal defense used in circumstances of accidental defamation. It applies when the defendant has defamed the claimant without fault and with innocence. However, the defendant must have also provided an appropriate corrective.
Apology and compensation have been provided in instances where a libel is published with malice or gross negligence. Alternatively, if a libel is published in a newspaper or periodical without malice or gross negligence, and an apology is published prior to legal action, it may be considered. The defense referred to as "accord and satisfaction" was developed in the case of Boosey v Wood (1865) H & C 484. Furthermore, the defendant's act of making or offering an apology can always be considered as a factor in reducing the amount of damages awarded.
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