Claire required a reference for a new job. She asked for a letter from her former employer, Alice. Alice wrote that Claire was honest, hard-working, intelligent and pleasant, and would do best in a job with considerable direction and supervision. Since Claire had applied for work in outside sales, she was turned down as the job needed an independent self-starter. Claire sued Alice for libel.
A) Alice could successfully argue that she had written the letter in good faith and only said what she honestly believed to be true.
B) Even if what Alice said was true, Claire will win since, if she was not willing to write only positive things, Alice should have declined to write at all.
C) Alice could successfully raise the defence of absolute privilege.
D) Unless Alice can prove the truth of what she wrote, Claire will win.
E) Alice's freedom of speech must be protected even at the expense of Claire's right to protect her reputation so, even if Alice was not being totally truthful, Claire will lose.

Question

Quizplus · Accepted Answer

Alice's defense hinges on the fact that she wrote the letter in good faith, expressing her honest beliefs about Claire's work characteristics. This is a valid defense in many jurisdictions against libel claims, especially when the statements are not made with malice.

Claire Required a Reference for a New Job