A form of publication which tends to cause one to lose the esteem of the community is defamation. This is injury to reputation. A person can be held liable for the defamation of another. In order to prove defamation, the plaintiff must prove:
- that a statement was made about the plaintiff's reputation, honesty or integrity that is not true;
- publication to a third party (i.e., another person hears or reads the statement); and
- the plaintiff suffers damages as a result of the statement.
Slander is a form of defamation that consists of making false oral statements about a person which would damage that person's reputation. If one spreads a rumor that his neighbor has been in jail and this is not true, the person making such false statements could be held liable for slander.
Defamation which occurs by written statements is known as libel. Libel also may result from a picture or visual representation. Truth is an absolute defense to slander or libel.
Some statements, while libelous or slanderous, are absolutely privileged in the sense that the statements can be made without fear of a lawsuit for slander. The best example is statements made in a court of law. An untrue statement made about a person in court which damages that person's reputation will generally not cause liability to the speaker as far as slander is concerned. However, if the statement is untrue, the person making it may be liable for criminal perjury.
If a communication is made in good faith on a subject in which the party communicating it has a legitimate right or interest in communicating it, this communication may be exempt from slander liability due to a qualified privileged.
The following form letter demands that someone cease making libelous or slanderous statements, or appropriate legal action will be taken.
The Legal Definition For Defamation In Cook
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Cook
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US-00423BG
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FAQ
Injury. To succeed in a defamation lawsuit, the plaintiff must show the statement to have caused injury to the subject of the statement. This means that the statement must have hurt the reputation of the subject of the statement.
Defamation is the general tort that encompasses statements that damage a person's reputation. There are different forms of defamation, including libel and slander. The difference between libel and slander is simply whether the statements are written or spoken. If they are written, they are considered libel.
The action of damaging the reputation of a person or group by saying or writing bad things about them that are not true: She threatened to sue members of the committee for defamation. defamation of character He is suing for defamation of character. a defamation lawsuit/action/case.
Defamation laws cannot be justified unless their genuine purpose and demonstrable effect is to protect the reputations of individuals – or of entities with the right to sue and be sued – against injury, including by tending to lower the esteem in which they are held within the community, by exposing them to public ...
A defamatory statement is one which is untrue and which tends either (a) to lower a person in the estimation of right thinking members of society generally; or (b) to expose a person to hatred ridicule or contempt; or (c) to disparage a person in his or her office, profession, calling, trade or business.
Defamation is any false information that harms the reputation of a person, business, or organization. Defamation includes both libel and slander.
I am writing because you recently made defamatory statements about me my company my company and me. I ask that you immediately retract these statements. On date, you summarize what recipient did that is defamatory.
This letter is an opportunity for you to: describe the statement, including why it's false. discuss the harm (financial and otherwise) you've suffered because of the defamatory statement. demand a certain dollar amount to resolve the matter (giving the defamer a chance to settle before you take the matter to court).
Your letter should ideally state the specific defamatory statement, the reasons why it is untrue, and the damage you're suffering. Also, give the recipient a deadline by which they must retract their statements before you will need to take legal action.
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Defamation is a statement that injures a third party's reputation. Libel and slander are types of defamatory statements.Libel is a defamatory statement that is written. Defamation occurs when a person makes a false statement to a third party about your character from which you suffer harm. Defamation includes slander and libel. "Defamation" is injury to reputation based on an unprivileged false statement of fact published to third parties. Defamation is the general tort that encompasses statements that damage a person's reputation. A defamatory statement is one which is untrue and which tends either (a) to lower a person in the estimation of right thinking members of society generally.
