Tabloid newspaper on the “Irrational Inquirer

QUESTION
MAY 28, 2019

Nick Nosey is a reporter for the tabloid newspaper the “Irrational Inquirer”.

Nick Nosey is a reporter for the tabloid newspaper the “Irrational Inquirer”. One day, Nick receives a phone call at work from a woman who identifies herself as “Nicole Richie, Paris Hilton‘s best friend“. The woman states:”I am tired of all the lies. The world needs to know the truth. Paris Hilton and Vice President Joe Biden are having an affair”. “Wow” Nosey thinks: “If anyone would know this about Paris, it would be her best friend.” The next day, the Irrational Inquirer’s headline reads: “Famous Hotel Heiress and Vice President having an affair.” The article then goes on to state how the author had been contacted by Paris’ best friend who told him about the matter. The author (Nick) states further in the article: “This just goes to show you that Paris is an airhead.”

a) Paris is furious. She consults you, a lawyer who practices Defamation Law, She denies the whole story and wants to pursue a Defamation action against Nick. Advise her. What problems do you foresee should she insist upon suing Nick and the Irrational Inquirer (under respondent superior)?

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