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.
Slander Without You In Michigan
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This legal doctrine is known as "defamation per se," and may also be referred to as "libel per se" and "slander per se. Michigan recognizes defamation per se only where the defamatory statement (1) imputes a criminal offense or (2) implicates a lack of chastity.Defamation Defense in Michigan. Michigan law has made recovery for libel and slander much more difficult, but not impossible. A slander of title claim is predicated on a simple concept protecting title to your property and punishing those that have sought to harm it. An integral component of any defamation claim whether slander or libel is pleading and proving that the false and defamatory statement has caused harm. I walk this road twice a day and I have never been on his property. What recourse do I have?
