Question
Sarit is a famous jeweler and sells her pendants and bracelets online. She is known for chic, creative, designs and value pricing. She has millions
Sarit is a famous jeweler and sells her pendants and bracelets online. She is known for chic, creative, designs and value pricing. She has millions of followers online and is very successful. Greg is Sarit's ex-boyfriend. They were a couple for many years, but three years ago, Greg broke-up with Sarit. The main reason for their breakup, he later told friends, is because Sarit had been arrested and charged with numerous criminal offences. While some charges were dismissed, she was convicted of fraud and of possession of cocaine. This was a long time ago, and thankfully for Sarit, this has not impacted her business. However, as her business's growth continues, Greg becomes concerned. He thinks her customers should know that Sarit has a criminal past. Greg takes to social media to alert people. Specifically, Greg regularly posts that Sarit is a "criminal", that she has a criminal record, and that she has been convicted of a cocaine-related charge and a fraud charge. Almost instantly, social media being what it is, Sarit notices an impact on her business and its sales. Within one week, sales are down 10% from their one-year average and after a month, sales are down by almost half. Sarit is very concerned and wishes to sue Greg. She was convicted, served her time in jail, paid the fine, has completed her probation, and does not feel that this can be used against her now.
A) If Sarit wishes to sue Greg, what tort would she alleged was committed and why? (4 marks)
B) What defence - if any - might Greg raise if sued for this tort? Who would likely win in court and why? (2 marks)
C) Would absolute privilege apply here? Why/why not? (2 marks)
D) Assume the fact pattern remains the same, but instead of suing Greg, the next time Sarit sees Greg in person, she stabs him. What tort(s), if any, has Sarit committed? Explain your answer in relation to these facts. (2 marks)
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