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 Order In A Sentence In Philadelphia
Category:
State:
Multi-State
County:
Philadelphia
Control #:
US-00423BG
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Word;
Rich Text
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FAQ
The term “cease and desist” does not have any special legal powers. The main purpose for sending a cease and desist letter is to make the recipient of the letter believe that the demand is serious and that not complying will result in a lawsuit.
How to Use cease and desist in a Sentence Many of those artists have asked him to cease and desist. The latest cease and desist comes from the estate of the late, great Issac Hayes. Tupac's estate sent a cease and desist to get the song taken down.
Elements of a Cease and Desist Letter The legal basis on which the sender is claiming the infringement; Supporting evidence of the infringement; A clear demand to immediately stop engaging in infringing activities; and. Potential consequences (i.e., legal action) in the event of non-compliance.
Elements of a Cease and Desist Letter The legal basis on which the sender is claiming the infringement; Supporting evidence of the infringement; A clear demand to immediately stop engaging in infringing activities; and. Potential consequences (i.e., legal action) in the event of non-compliance.
A cease and desist letter may serve to warn an offender that legal action may take place if they don't stop a certain activity. The offender is generally given a set time frame—usually 10 to 15 days—to cease and desist. A cease and desist letter must comply with laws in the jurisdiction in which it is sent.
How to Use cease and desist in a Sentence Many of those artists have asked him to cease and desist. The latest cease and desist comes from the estate of the late, great Issac Hayes. Tupac's estate sent a cease and desist to get the song taken down.
Penalty for violation of cease and desist orders. (1) Any person who violates a cease and desist order issued pursuant to 33-18-1004 is subject to a civil penalty not to exceed $1,000. Each day of violation constitutes a separate violation. The total penalty may not exceed a $10,000 aggregate.
The company was ordered by the court to cease and desist from selling the photographs.
Template - Cease and Desist Letter. To Whom it May Concern: With this letter I hereby request that you CEASE and DESIST any and all telephone calls. Please put any attempts to collect on the above referenced account in writing.
