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.
Cease And Desist For Harassment And Slander In San Diego
Category:
State:
Multi-State
County:
San Diego
Control #:
US-00423BG
Format:
Word;
Rich Text
Instant download
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Anddesist letter is a formal request for an individual or entity to stop engaging in specific actions that are causing harm or legal violations. A cease and desist letter is a formal notice demanding that an individual or organization stop performing illegal or unauthorized activities.A cease and desist letter is a nonlegally binding document which means that the letter cannot force you or someone else to do or cease anything. A person who has suffered harassment may seek a temporary restraining order and an injunction prohibiting harassment. A cease and desist letter is a formal written request telling a creditor or debt collector to stop contacting you regarding an alleged debt. If you mean a cease and desist letter, that's just a letter from an attorney and she is not obligated to follow it. It is not something you file anywhere. Anddesist letter is a formally written document that communicates to an individual or organization the request to stop a specific action.
