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 With In King
Category:
State:
Multi-State
County:
King
Control #:
US-00423BG
Format:
Word;
Rich Text
Instant download
Description
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FAQ
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.
The company was ordered by the court to cease and desist from selling the photographs.
The cease and desist regulation is designed to protect homeowners who do not wish to receive real estate solicitations. What Forms of Solicitation Are Prohibited by the Cease and Desist Regulation? Generally, soliciting a homeowner whose name appears on a cease and desist list is prohibited.
There are four unlawful activities that are most often addressed with cease and desist orders or letters: misuse of intellectual property, harassment, character defamation and libel, and contract violations, including unfair labor practices or unfair compensation.
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.
The leading lady of The Real Housewives of Beverly Hills Denise Richards sent a cease and desist letter to Bravo after her alleged affair with Brandi Glanville was uncovered. In an attempt to silence and bring order to the cast, Richards instead made rocky relationships that much worse.
In your cease and desist letter, you would want to state which laws the other party violated and tell them to stop. You'll want to send it quickly and enlist legal power swiftly. It varies depending on the situation, but there is a statute of limitations on intellectual property rights.
Idiom. formal. : to stop (doing something) immediately. The company was ordered by the court to cease and desist from selling the photographs.
How to fill out the Cease And Desist Defamation Letter Template? Identify and insert the recipient's name in the designated area. Briefly describe the defamation incident in the appropriate section. Clearly state your request for them to cease all defamatory actions. Sign and date the letter at the bottom.
When drafting a cease and desist letter, you have several options. The most recommended approach is to work with an experienced attorney. Why? Because when a lawyer drafts such a letter, it often holds more weight, signaling to the recipient that you're prepared to take legal action if necessary.
