TORT LAW ā Defamation ā Defence of Qualified Privilege ā Existence of Common Interest Between Publisher and Recipient
Principle Statement
The concurrence of the right and duty on the part of the writer and addressee is the basis of their common interest and is sufficient to sustain the defence of qualified privilege.
Ratio Decidendi (Source)
Per Pats-Acholonu, JSC, in Iloabachie v. Iloabachie (2005) NLC-123-137-2000(SC) at p. 3; Paras AāB; See also p. 24; Paras DāE.
"The concurrence of the right and duty on the part of the writer and addressee ā¦ is the basis of their common interest and is sufficient to sustain the defence of qualified privilege ā¦"
Explanation / Scope
Qualified privilege arises where both publisher and recipient have a common interest or reciprocal duty. The principle applies to defamation law. Common interest provides the basis for protection.
