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 Slander In Maricopa
Category:
State:
Multi-State
County:
Maricopa
Control #:
US-00423BG
Format:
Word;
Rich Text
Instant download
Description
Form popularity
FAQ
Arizona recognizes both per se slander and libel, in addition to per quod slander and libel. Per se is a legal standard in which damage is presumed, whereas per quod, is when the plaintiff must prove the damages caused by the defamatory act.
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.
A cease and desist letter usually alleges some illegal conduct such as defamation, and threatens a lawsuit if you do not cease and desist. If you received such a letter written by an actual attorney, the risk is that if you continue, you might get sued.
Apply, through the attorney general or through the county, city or town attorney of the county, city or town in which the act, practice or transaction is alleged to have been committed, to the superior court in that county for an injunction restraining the person from engaging in the act, practice or transaction, or ...
A cease and desist letter is a document sent by one party, often a business, to warn another party that they believe the other party is committing an unlawful act, such as copyright infringement, and that they will take legal action if the other party continues the alleged unlawful activity.
Importance of Responding to Cease and Desist Letters It's a risk that can result in: Escalation to Litigation: If the issue isn't resolved amicably, the sender may file a lawsuit, leading to costly and time-consuming legal battles.
Risks Of Ignoring A Cease And Desist By disregarding the initial warning, recipients expose themselves to potential litigation, as the issuing party may proceed to file a lawsuit. Legal action can result in court orders, financial damages, or penalties, depending on the nature of the violation.
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.
A cease and desist letter is useful because it might stop its recipients from continuing their harmful action. If they don't, you have written documentation that you have notified them of the possible consequences of ignoring your request.
Apply, through the attorney general or through the county, city or town attorney of the county, city or town in which the act, practice or transaction is alleged to have been committed, to the superior court in that county for an injunction restraining the person from engaging in the act, practice or transaction, or ...
