1954 Present: Gratiaen J. and Fernando A. J.

DR. P. J. CHISSEL, Appellant, and R. C. CHAPMAN,
Respondent

S. C. 484-D. C. Colombo, 21,987M

Delict-Action for " injurious falsehood "-Dolus or animus injuriandi is necessary ingredient-Negligence-Incidence of liability-Duty of care.

If A, in discharge of a contractual obligation which he owes to B, makes to B a negligent but honest and non-defamatory statement in relation to a third party C, A is not liable to C for pecuniary loss sustained by him in consequence of the statement.

Cable and Wireless Ltd. employed the defendant, who was a medical practitioner, to examine the plaintiff and report whether the plaintiff, who had been accepted for service as a telegraphist-apprentice, was physically fit for permanent employment as a telegraphist. Defendant examined the plaintiff, but reported that he was unable to recommend him for service with the Company. As a direct consequence of this report, the plaintiff's engagement as an apprentice was abruptly but lawfully terminated by the Company. Plaintiff then instituted the present action claiming damages from the defendant. He alleged that he was pe