Odger's English Common Law

DEFENCES. 525
worth, the loss of a customer or of a marriage, the loss of any
post or employment, or of any salary or profit attaching
thereto, or even the loss of gratuitous entertainment and
hospitality, if the plaintiff can show that it was caused by
the defendant's words. But mere annoyance or anxiety or
physical illness will not be regarded as special damage, even
though clearly the result of the libel or slander. And in all
cases the special damage must not be "too remote," that is
to say, it must be either the natural and necessary consequence
of the defendant's conduct, or such as the defendant can be
shown to have contemplated as a result of his publication. 1
A plaintiff, then, establishes a prima facie cause of action if
he proves that the defendant has published to some third
person words which have injured his reputation. The
defendant at the trial may contend that there has been no
publication of the words, or no publication by him, or that
the words published are not defamatory or do not refer to the
plaintiff. Where special damage is a necessary part of the
cause of action, he may dispute the existence of any special
damage, or argue as a matter of law that such damage, if any,
is too remote. 2 Or he may urge in mitigation of damages
that he did not act maliciously or unreasonably, but made an
honest blunder in trying circumstances; that he acted on
information that appeared to him reliable, and did his best to
repair the injury as soon as he discovered his mistake. He may
apologise and pay money into court. 3 But he more usually
relies on one or other of the three following defences :
(i.) Justification (i.e., that the words are true).
(ii.) Fair and bond fide comment on a matter of public
interest.
(iii.) Privilege.
If the defendant desires to raise any of these defences, he
must set out clearly in his Defence the facts upon which he
relies; it will not be sufficient for him merely to deny in
general terms that he published the words falsely or
1 See post, p. 1294.
2 See Odgers on Libel and Slander, 5th ed., pp. 403, 406.
s See Lord Campbell's Libel. Act (6 & 7 Viot. c. 96), as. 1 and 2 ; and 8 & 9-
Vict. c. 75.
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