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.
Slander And Libel On Facebook Forms Of Which Tort In New York
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To slander is making a false statement about another person or people verbally with the intent to defame the subject of the statements. Slander is a legal term used to describe defamation, or harming the reputation of a person or a business by telling one or more others something both untrue and damaging about them.
On the other hand, slander occurs when someone talks about a person or business in a negative way, which may cause damage to their reputation.
The plaintiff bears the burden of proving that the harmful statements are false. By examining whether the defendant's statement would have an effect different from a proposed statement by the plaintiff, courts test whether a statement is false.
It is a malicious injury to property. Defamation is when a defendant intentionally makes a false statement about the plaintiff and communicates it to a third party, often known as publishing it. This damages the plaintiff's reputation. In one precedent-setting U.S. Supreme Court case New York Times Co.
A slander of title will generally occur where one maliciously seeks to disparage another's interest to property, to make it unmerchantable, by recording an instru- ment whereby the maligner purports to have some interest in the property.
Defamation is a statement that injures a third party's reputation. The tort of defamation includes both libel (written statements) and slander (spoken statements). State common law and statutory law governs defamation actions, and each state varies in their standards for defamation and potential damages .
If someone has defamed you, you can sue them for slander. Since it falls under tort law, you can pursue your case in civil court and seek monetary damages. You must bring proof of the defamation.
