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 Letter For Harassment In Clark
Category:
State:
Multi-State
County:
Clark
Control #:
US-00423BG
Format:
Word;
Rich Text
Instant download
Description
Form popularity
FAQ
Effective cease-and-desist letters include the following information: A thorough yet concise and clear description of the activity that must be stopped. The legal basis for your claim. The consequences if the recipient of the letter fails to comply. A deadline by which the activity must stop.
Receiving a cease and desist letter is a serious issue. It indicates the sender's intention to pursue you for the alleged wrongdoing if you do not follow their demands. Receiving a cease and desist letter does not necessarily mean you will end up in Court.
You can also send a Cease and Desist Letter to stop someone from harassing or stalking you. It can help protect your privacy as well. A Cease and Desist Letter effectively operates as a warning to the harasser that legal action is imminent unless the offending behavior immediately stops.
Try to remain calm and assess the situation. If you feel safe doing so, maintain a confident posture and make eye contact. If you feel comfortable, you can assertively tell the harasser to stop. Use a firm voice and clear language, such as ``Leave me alone'' or ``I don't appreciate that.''
Dear Sir or Madam: This CEASE AND DESIST ORDER is to inform you that your harassing and intimidating actions against me has become unbearable. Such anti-social behavior is completely unacceptable and will not be tolerated in any way, shape or form.
Include your contact details: List your full name, address, phone number, and email. Address the recipient: Use their full name and mailing address. Describe the harassment: Specify dates, locations, and details of the behavior. Demand they stop: Clearly state they must cease all harassing actions immediately.
Steps Identify the person harassing you. When you confront your harasser, call them out by name. Tell your harasser that their comments or actions are not welcome. Speak in a loud, clear voice with an even tone. Let your harasser know what you want them to do. Remove yourself from the situation if the person persists.
Keep it short: ``I am implementing no-contact with you. I will not respond to any of your attempts to communicate. Do not come to my home. Do not call or email. If you do try to contact me I will _________________.''
Effective cease-and-desist letters include the following information: A thorough yet concise and clear description of the activity that must be stopped. The legal basis for your claim. The consequences if the recipient of the letter fails to comply. A deadline by which the activity must stop.
I, (insert perpetrator's name here) do hereby agree to stop (insert unwanted activities here) which are in violation of (your full name)'s rights. I understand that this is my final chance to cease these activities.
