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 Are Both Forms Of Which Tort In Orange
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Multi-State
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Orange
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US-00423BG
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FAQ
Libel is a method of defamation expressed by print, writing, pictures, signs, effigies, or any communication embodied in physical form that is injurious to a person's reputation; exposes a person to public hatred, contempt or ridicule; or injures a person in their business or profession.
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.
Liability for libel attaches present the following elements: (a) an allegation or imputation of a discreditable act or condition concerning another; (b) publication of the imputation; (c) identity of the person defamed; and (d) existence of malice.
Slander per se is the spoken word version of libel per se—a false statement that is so obviously harmful that damage to a plaintiff's reputation is presumed. Examples of slander per se include false accusations of improper sexual conduct, criminal activity, or bad business dealings.
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 .
Second, libel is actionable per se (i.e. without proof of damage) whereas slander, subject to exceptions (see below), is actionable only upon proof of 'special' damage (actual damage is probably a less misleading and therefore better phrase to use though)
More info
Libel and slander are types of defamatory statements. Libel is a defamatory statement that is written.California law recognizes two types of defamation: libel and slander. The tort of defamation includes both libel (written statements) and slander (spoken statements). Defamation damages reputations through libel (written) or slander (spoken). Both can lead to personal injury lawsuits seeking compensation. Defamation is the general tort that encompasses statements that damage a person's reputation. Defamation consists of libel and slander. For example, the FTCA contains several exceptions that categorically bar plaintiffs from recovering tort damages in certain kinds of cases. , slander, libel) (13).
