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.
Write A Cease And Desist Letter For Slander In Harris
Category:
State:
Multi-State
County:
Harris
Control #:
US-00423BG
Format:
Word;
Rich Text
Instant download
Description
Form popularity
FAQ
Whether you are experiencing harassment or infringement of your copyright, sending a cease-and-desist letter is an option available to you. They are relatively simple to write up and you don't even need an attorney to serve them.
Most of the time, a cease and desist letter does enough to scare off its recipient. However, if they do continue to act unlawfully you may take legal action seeking for a cease and desist order to be put in place by the court, that can seek: Monetary compensation from the person or organisation.
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.
Your letter should ideally state the specific defamatory statement, the reasons why it is untrue, and the damage you're suffering. Also, give the recipient a deadline by which they must retract their statements before you will need to take legal action.
Cease and desist letters can be used in various legal scenarios, including: Harassment or Nuisance: In situations of harassment, stalking, or nuisance behaviour, a cease and desist letter can serve as a formal warning to the offending party to cease their actions.
How to write a Cease and Desist Letter Clearly identify the parties involved. Include the names and contact details of both the sender (you) and the recipient (the offending party). Specify the offending behaviour. State your demand. Outline potential legal consequences. Include delivery details.
Slander and libel If you're the subject of slanderous or libelous statements, a cease and desist letter can make the recipient retract what they've been saying or publishing. Your letter should ideally state the specific defamatory statement, the reasons why it is untrue, and the damage you're suffering.
Address It Directly: If appropriate, consider confronting the person spreading the slander. Approach them calmly and express how their words have affected you. Sometimes, a direct conversation can resolve misunderstandings. Seek Support: Talk to trusted friends, family, or colleagues about the situation.
THEREFORE, you are hereby requested to immediately cease and desist illegal defamation, slander and/or libel and within 10 business days, return the signed written assurance below affirming that you will refrain from any further acts of defamation, slander and/or libel with regards to my character and/or reputation.
Writing or responding to a cease and desist letter carries significant legal implications. The sender must ensure the letter is based on valid legal grounds to avoid potential counterclaims for harassment or defamation. A poorly crafted letter lacking legal merit may damage the sender's credibility.
