TORT LAW — Defamation — Damages — Libel Actionable Per Se Without Proof of Actual Damage
Principle Statement
It must be reiterated here that every libel is of itself a wrong in regard to which the law imputes general damages. If a plaintiff proves that a libel has been published of him without legal justification, his cause of action is complete. He needs not prove that he has suffered any resulting actual damage or injury to his reputation for such damages is presumed.
Ratio Decidendi (Source)
Per Fabiyi, JSC, in Oduwole & Ors v. West (2010) NLC-123-173-2003(SC) at p. 6; Paras D-E.
"It must be reiterated here that every libel is of itself a wrong in regard to which the law imputes general damages. If a plaintiff proves that a libel has been published of him without legal justification, his cause of action is complete. He needs not prove that he has suffered any resulting actual damage or injury to his reputation for such damages is presumed."
Explanation / Scope
This principle establishes that libel is actionable per se without proof of actual damage; general damages are presumed. The principle applies in libel claims. It ensures that the plaintiff need not prove actual damage. The principle reflects that libel is a wrong in itself. It prevents defendants from arguing lack of damage. The court must award presumed damages. The principle provides guidance on the actionable nature of libel.
Cases Applying This Principle
None recorded.
