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.
Demand Letter Example In Suffolk
Category:
State:
Multi-State
County:
Suffolk
Control #:
US-00423BG
Format:
Word;
Rich Text
Instant download
Description
Form popularity
FAQ
The court system does not provide electronic filing for Small Claims matters at this time.
Frequently Asked Questions (FAQ) Type your letter. Concisely review the main facts. Be polite. Write with your goal in mind. Ask for exactly what you want. Set a deadline. End the letter by stating you will promptly pursue legal remedies if the other party does not meet your demand. Make and keep copies.
The purpose of a demand letter is to formally notify the other party of a grievance or claim, giving them the opportunity to settle the matter outside of court. This practice is recognized under Philippine law as a prelude to litigation, providing a final opportunity for the parties to resolve their conflict amicably.
A demand letter, or as it is otherwise known, a letter before claim or solicitors letter is something which is commonly used in debt recovery claims. The first rule is that a letter before action should only be sent when a debt is overdue. Otherwise, there is no debt to claim back.
A demand letter typically includes specific details about the debt, such as the invoice number, the amount owed, and the due date. It also provides a deadline for payment, which is usually a short period, such as 10 or 14 days.
However, sending a letter of demand can have its disadvantages. Depending on the situation, the other party may feel threatened and respond negatively, or they may not respond at all. They might engage a lawyer, or they might even start legal action against you.
The primary purpose of a letter of demand is to inform the defendant that the plaintiff has a cause of action against him or her, and to persuade him or her to settle the claim, or to remove the cause of complaint within a stated time so as to avert formal proceedings from being instituted.
A demand letter is also sometimes called a “lawyer's letter” or “formal notice” or, in French, a “mise en demeure.” It means you're making a formal demand for something.
