TORT LAW ā Defamation ā Defence of Qualified Privilege ā Reciprocity of Interest or Duty
Principle Statement
An occasion is privileged when the person who makes the communication has a moral duty to make it to the recipient, and the recipient has an interest in hearing it. Both conditions must exist.
Ratio Decidendi (Source)
Per Pats-Acholonu, JSC, in Iloabachie v. Iloabachie (2005) NLC-123-137-2000(SC) at pp. 4ā5; Paras EāA.
"An occasion is privileged when the person who makes the documentation has a moral duty to make it to the person to whom he does make it and the person who receives it has an interest in hearing it. Both these conditions must exist in order that the occasion may be privileged."
Explanation / Scope
Qualified privilege requires both a moral duty to communicate and a corresponding interest to receive. Both conditions must co-exist. The principle applies to defamation law.
