View Single Post
Old 08-31-2010, 12:41 PM   #88
yorkielady06
YT 500 Club Member
 
yorkielady06's Avatar
 
Join Date: Sep 2009
Location: Up North
Posts: 808
Default

Will also add this from a legal website so that people might stop and read what they wrote:
Generally speaking, defamation is the issuance of a false statement about another person, which causes that person to suffer harm. Slander involves the making of defamatory statements by a transitory (non-fixed) representation, usually an oral (spoken) representation. Libel involves the making of defamatory statements in a printed or fixed medium, such as a magazine or newspaper.

Typically, the elements of a cause of action for defamation include:

A false and defamatory statement concerning another;
The unprivileged publication of the statement to a third party (that is, somebody other than the person defamed by the statement);
If the defamatory matter is of public concern, fault amounting at least to negligence on the part of the publisher; and
Damage to the plaintiff.
In the context of defamation law, a statement is "published" when it is made to the third party. That term does not mean that the statement has to be in print.

Damages are typically to the reputation of the plaintiff, but depending upon the laws of the jurisdiction it may be enough to establish mental anguish.
__________________
"The minute you settle for less than you deserve, you get even less than you settled for."

Last edited by yorkielady06; 08-31-2010 at 12:43 PM.
yorkielady06 is offline  
Welcome Guest!
Not Registered?

Join today and remove this ad!