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.
Particulars Of Claim For Defamation Of Character In Santa Clara
Category:
State:
Multi-State
County:
Santa Clara
Control #:
US-00423BG
Format:
Word;
Rich Text
Instant download
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Form FAQs: How do I know what form to use? How do I tell the Court that my address has changed?Complete Forms at Home. This page has information on how to complete court forms from home. 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. Claim forms and instructions are available online and from the City Clerk's Office, (408) 6152220, 1500 Warburton Avenue, Santa Clara, California 95050. An example particulars of claim that can be used as a starting point when drafting a claim for defamation. Find resources and instructions for submitting a claim, including how file a claim in a timely manner and how to dispute a claim. The following TMT precedent provides comprehensive and up to date legal information on Particulars of claim (defamation)
