Defamation - Causes of Actions Flashcards
Defamation
The publication of a false statement to a third party that holds one up to hatred, contempt, or ridicule
Defamation (Libel/Slander) Analysis
- What is the statement in question?
- Is it true?
- Was it communicated to one person?
- did the person communicate the statement intentionally, recklessly, or negligently (think without due care)?
- Would the statement be damaging?
- if the statement is slander expect special damages
Defamation Libel
Defamation Libel is the publication of defamatory statement by written word
Defamation Libel per se
Defamation Libel per se is libel that is clear on its face
Defamation Libel per se Examples
- Damaging trades or business
- Crime of moral turpitude (malice, viciousness)
- Loathsome disease (STD, Leprosy, plague)
- Woman is unchaste
Defamation Slander
Defamation slander is the publication of defamatory matter by spoken words
Defamation Slander per se
Defamation slander per se is slander that is clear on its face
Defamation Slander per se Examples
Damaging trades or business
Crime of moral turpitude (malice, viciousness)
Loathsome disease (STD, Leprosy, plague)
Woman is unchaste