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.
Example Of A Cease And Desist Letter For Slander In Oakland
Category:
State:
Multi-State
County:
Oakland
Control #:
US-00423BG
Format:
Word;
Rich Text
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FAQ
and desist letter is a cautionary notice sent to an alleged wrongdoer, describing the offensive activity and the complainant's remedies, and demanding that the activity stop. (Black's Law Dictionary, 11th ed.) The resources listed below are not exhaustive and may not include the most uptodate information.
This letter is served upon due to DESCRIPTION OF ACTIVITY (“Activity”). If you do not cease the aforementioned Activity a lawsuit will be commenced against you. If the Activity continues we will immediately seek a temporary restraining order in the District Court against you and any accomplices in this matter.
Ignoring the letter could lead to further legal actions, such as lawsuits or temporary restraining orders. An attorney can help you understand the implications of the letter and guide you on how to respond.
The company was ordered by the court to cease and desist from selling the photographs.
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.
Grounds for a cease and desist letter often involve situations like intellectual property infringement, where your patented, trademarked, or copyrighted work is being used without authorization. In these cases, a cease and desist letter serves as a formal demand to stop this unauthorized use.
Cease and desist letters are straightforward documents that follow a basic formal letter format. You just need to make sure that the body of the letter clearly outlines your issues with the recipient and the action you wish for them to take to avoid legal recourse.
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.
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.
