Legal Definitions - compensatio injuriarum

compensatio injuriarum is a principle found in Scots law that addresses situations where both parties in a defamationlawsuit have defamed each other.

In essence, it allows for a "setoff" of wrongs. If one party sues another for defamation, and the defendant can prove that the plaintiff also defamed them, the harm caused by the plaintiff's defamatory statements can be balanced against the harm caused by the defendant's statements. This can result in a reduction or even a cancellation of the damages that might otherwise be awarded to the plaintiff.

Here are some examples illustrating this concept:

• Example 1: Neighborhood Dispute

  Imagine two neighbors, Mr. Henderson and Ms. McGregor, who have a long-standing disagreement. Mr. Henderson starts spreading false rumors in the community that Ms. McGregor is illegally dumping waste on her property. In retaliation, Ms. McGregor begins telling other neighbors that Mr. Henderson is a known vandal who damages public property. If Ms. McGregor were to sue Mr. Henderson for defamation, Mr. Henderson could invoke compensatio injuriarum. He would argue that Ms. McGregor's own defamatory statements against him should be considered by the court to offset or reduce any damages he might owe her for his initial false claims.

• Example 2: Business Rivalry

  Consider two competing local bakeries, "The Daily Loaf" and "Sweet Treats," both vying for customers. The owner of The Daily Loaf posts several anonymous online reviews falsely claiming that Sweet Treats uses expired ingredients. In response, the owner of Sweet Treats starts telling customers and suppliers that The Daily Loaf's products are mass-produced and of poor quality, despite them being freshly baked. If Sweet Treats sues The Daily Loaf for defamation, The Daily Loaf could use compensatio injuriarum. They would contend that the defamatory remarks made by Sweet Treats' owner should be taken into account, potentially reducing or eliminating any financial compensation awarded to Sweet Treats.

• Example 3: Professional Disagreement

  During a contentious professional conference, Dr. Evans publicly accuses Dr. Campbell of plagiarizing research in a published paper. Dr. Campbell, feeling wronged, then sends an email to several colleagues falsely stating that Dr. Evans fabricated data in a separate study. If Dr. Campbell initiates a defamation lawsuit against Dr. Evans, Dr. Evans could raise compensatio injuriarum. The court would then assess both Dr. Evans's initial accusation and Dr. Campbell's retaliatory email, potentially balancing the harm caused by each party's defamatory statements against the other.