PracticeStudy GuidesBlogFlashcardsPartner

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).

Get personalized explanations
šŸ’”

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

ElementDescription
False Statement of FactNot opinion or true
PublicationTo at least one third party
About PlaintiffReasonably understood to refer
FaultNegligence or actual malice
DamagesHarm to reputation

Libel vs. Slander

TypeFormDamages
LibelWritten, broadcastPresumed
SlanderOralProve special damages (unless per se)

Slander Per Se (Presumed Damages)

  • Crime involving moral turpitude
  • Loathsome disease
  • Business/profession attack
  • Unchastity

Study This Term In

Related Terms

Battery (Tort)

Battery is an intentional tort requiring harmful or offensive contact with another person without consent, where defendant intended to cause the contact or was substantially certain it would occur.

Learn More with AI

10 free AI interactions per day

Stay Updated

Get free exam tips and study guides delivered to your inbox.

ā† Back to Full Glossary