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 In A Sentence In Houston
Category:
State:
Multi-State
City:
Houston
Control #:
US-00423BG
Format:
Word;
Rich Text
Instant download
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FAQ
What are the grounds for a cease-and-desist letter? Copyright or trademark infringement. Violations of a non-compete agreement. Violations of a non-solicitation agreement. Breached business contracts. Slander, libel, and/or defamation. Harassment.
The company was ordered by the court to cease and desist from selling the photographs.
What Is a Cease and Desist? A cease and desist is a written notice demanding that the recipient immediately stop an illegal or allegedly illegal activity.
The person receiving the cease and desist letter can ignore it; it isn't legally binding. But it's often sent before taking the drastic step of filing a lawsuit. Anyone can send cease and desist letters.
Template - Cease and Desist Letter. To Whom it May Concern: With this letter I hereby request that you CEASE and DESIST any and all telephone calls. Please put any attempts to collect on the above referenced account in writing.
Cease and desist order The board fined him $15,000 for posing as an architect and issued a cease and desist order.
A cease and desist letter is a forceful and formal requests to discontinue an activity with the potential for legal action. It must include key components such as identification of the issue, evidence to support claims, consequences & a legal basis for demands.
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.
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.
