Defamation (Libel & Slander)
Defamation is a tort involving publication of false statement of fact to third party that damages reputation, divided into libel (written) and slander (spoken).
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Exam Tip
SLANDER per se: Crime, Loathsome disease, Business, Unchastity - "CLUB" someone's reputation.
What is Defamation?
Defamation protects reputation from false factual statements.
Essential Elements
| Element | Description |
|---|---|
| False Statement of Fact | Not opinion or true |
| Publication | To at least one third party |
| About Plaintiff | Reasonably understood to refer |
| Fault | Negligence or actual malice |
| Damages | Harm to reputation |
Libel vs. Slander
| Type | Form | Damages |
|---|---|---|
| Libel | Written, broadcast | Presumed |
| Slander | Oral | Prove special damages (unless per se) |
Slander Per Se (Presumed Damages)
- Crime involving moral turpitude
- Loathsome disease
- Business/profession attack
- Unchastity