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 Utah
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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 .
45-2-2 Libel and slander defined. (2) "Slander" means any libel communicated by spoken words.
(1) A person is guilty of criminal defamation if he knowingly communicates to any person orally or in writing any information which he knows to be false and knows will tend to expose any other living person to public hatred, contempt, or ridicule.
Ing to Utah law, a tort claim is any cause of action arising because of a personal injury or property damage. In these civil cases, an individual alleges that a second party, through purposeful or negligent conduct, caused that person to endure a loss or injury.
Defamation Law in Utah Utah law requires that a plaintiff, the person claiming defamation, proves certain elements for a successful claim. These elements include the false statement being “published” to a third party, the statement causing harm, and the statement being made without adequate research into the truth.
The tort of slander of title and the related tort of disparagement of property are based on an intentional interference with economic relations. They are not personal torts; unlike slander of the person, they do not protect a person's reputation.” Bass v. Planned Mgmt.
Utah Criminal Code § 76-5-106. Harassment. (1) A person is guilty of harassment if, with intent to frighten or harass another, he communicates a written or recorded threat to commit any violent felony.
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Negligence, wrongful death, libel and slander, trespass — there are all different kinds of torts, as well as civil assault and battery. Slander: the spoken communication of a false statement to a thirdparty resulting in harm to one's reputation.Defamation: Libel and Slander. (Includes libel, which is written, and slander, which is spoken). Libel, slander, deceit, interference with contract rights, infliction of mental anguish, or violation of civil rights;. Libel and slander are types of defamatory statements. Libel is a defamatory statement that is written.
