Defamation

Question 1

Elements of defamation

Answer 1

CL defamation:
1. defamatory language
2. of or concerning P
3. publication to a third person
4. damage to P's reputation
Con. elements if a matter of public concern
1. falsity of defamation
2. fault on the part of D

Question 2

Presumed damages of defamation

Answer 2

1. Libel: P need not prove special damages and general damages are presumed.
2. Slander: P must prove special damages unless defamation is slander per se:
   a. statement about P’s business or profession
   b. statement that P committed crime of moral perpitude
   c. statement imputing unchastity to a woman
   d. statement that P has a loathsome disease
3. Not slander per se, P must show economic harm

Question 3

Affirmative Defenses to defamation

Answer 3

1. consent: express or implied
2. truth: D bears the burden
3. Privileges

Question 4

Privileges to Defamation

Answer 4

Absolute privileges:
1. spouses
2. officers of govt exercising official duties
3. fair reporting (reporting on public proceedings, but must be accurate
Qualified privileges (public interest in candor or a reference:
1. Must have a GF belief it’s true. Honest mistake if ok
2. Confine statement to relevant matters