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Torts II Defamation by Mind Map: Torts II Defamation
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Torts II Defamation

A Defamatory Statement

C.L. Definition

Restatement Definition

Statements that expose persons to "distrust, hatred, contempt, ridicule, obloquy" or tend to injure persons in their "office, occupation, business or employment."

The statement must be capable of being perceived as defamatory by:

Inducement: factual matters plead as background to the defamatory statement.

Innuendo: matters plead to explain the defamatory meaning.

About P

Colloquim is the formal allegation that the defamatory words are of and about the P. The defamatory statement must be reasonably understood by recipients as being about the P.

Third Person Rule - A person may NOT sue for defamation about or concerning other persons.

Non-Natural Persons Rule (Entities) may only sue for defamatory statements about the entity's business character.

That is False

To support a defense based on truth, D must be able to prove that the statements are substantially true. (Held in doubt by Con. Law)

That is of Fact

C.L. In general, defamatory statements must be factual and not opinion.

M.L. Opinion actionable in limited circumstances such as an implication of facts.

That is Published

The defamatory statement must be intentionally or negligently communicated & understood by at least 1 person other than P.

Self-Publication

Republication

Internet

P suffers Damages

Slander

Libel

Constitutional Overlay

General Actual Damages

Special Damages

State of Mind - Con Law

1st Amendment Element Fault

Private/Public Matters of Concern

Defamation addresses harm to reputation from false communications.

Defenses

Consent

Truth

Absolute Privilege

Qualified/Conditional Privilege