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 Order For The View In Contra Costa
Category:
State:
Multi-State
County:
Contra Costa
Control #:
US-00423BG
Format:
Word;
Rich Text
Instant download
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How Can I Respond to a Request for Civil Harassment Restraining Orders? CH-130, Civil Harassment Restraining Order After Hearing (CLETS-CHO).Find Your Court Forms. On April 1, Antioch Police Crime Commissioner Leslie May issued a warning to members of the community who are talking negatively about her online. Example 1 – Cease and Desist Letter Received While Working for a Competitor: Employee worked for a wine sales and distribution company in Napa, California. A cease and desist letter is a common method used in an attempt to resolve a dispute between two or more parties. This video will guide you through six steps needed to write a cease and desist letter.
