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.
Defamation Of Character For Slander In Santa Clara
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State:
Multi-State
County:
Santa Clara
Control #:
US-00423BG
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Word;
Rich Text
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California law recognizes two types of defamation: libel and slander. The two types of Defamation are verbal (slander) and written (libel.) The requirements to prove each and to show damages for each differ markedly.Such a defamation case is a losing case unless you can prove false statements of fact were reported and that the reporter knew the statements were false. If you have been the victim of defamation, including slander or libel, then an experienced defamation attorney may be able to help. In this guide to California defamation law, we will review California's definition of libel, slander, and defamation. If you click on the form number in the first column you must print it to fill it out. At Dhillon Law Group, we are passionate about defending you from defamation, either libel (written) or slander (spoken). Written defamation is called libel. Spoken defamation is called slander. There are two primary types of defamation of character: Slander and libel.
