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 a pleasant person who 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.

Question

Quizplus · Accepted Answer

Alice can successfully raise the defence of qualified privilege. Qualified privilege is a defence against defamation that arises when a person has a legal, moral, or social duty to make a statement and the intended recipient has a corresponding interest in receiving it. In this case, Alice had a duty to provide a reference for Claire, and Claire had an interest in receiving it for her job application. However, qualified privilege can be lost if the statement is made with malice or with knowledge that it is false. It is unlikely that Alice's statement was made with malice, as she provided positive feedback about Claire's character and work ethic. Therefore, Alice can successfully raise the defence of qualified privilege.

Claire Required a Reference for a New Job