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.
Case For Defamation Of Character In Clark
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State:
Multi-State
County:
Clark
Control #:
US-00423BG
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Word;
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The claimant in a defamation case must prove that the false statement damaged their reputation. Unsure how to file a defamation lawsuit?Learn about the filing process, timelines, and more with Buckingham's lawyers. Defamation is a statement that injures a third party's reputation. Defamation occurs when one person publishes a false statement that tends to harm the reputation of another person. Defamation of character refers to a false statement, written or verbal, that harms someone's reputation. Yet, it's typically not considered a crime. Learn about going to court without a lawyer at our Self-Service Legal Center website and get easy-to-use form packets for certain types of cases. Step One: Do You Have a Valid Claim for Defamation? Small Claims allows individuals to sue for monetary damages and parties generally represent themselves without an attorney.
