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Easy Guide to Defamation Law

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What is Defamation?Defamation is a common law tort, governed by state law, in which an individual makes a "publication" of a defamatory statement of and concerning the plaintiff that damages the reputation of the plaintiff. Defamation comes in two forms: slander and libel. Slander involves the oral "publication" of a defamatory remark that is heard by another, which injures the subject's reputation or character. Libel is the written "publication" of a defamatory remark that has the tendency to injure another's reputation or character.What are the elements of a cause of action for defamation?The elements of a defamation suit; whether slander or libel, are:1. A defamatory statement;2. Published to a third party;3. Which the speaker knew or should have known was false;4. That causes injury to the subject of the communication
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  • Defamation Law

    What is Defamation?

    Defamation is a common law tort, governed by state law, in which an individual makes a "publication" of a defamatory statement of and concerning the plaintiff that damages the reputation of the plaintiff. Defamation comes in two forms: slander and libel. Slander involves the oral "publication" of a defamatory remark that is heard by another, which injures the subject's reputation or character. Libel is the written "publication" of a defamatory remark that has the tendency to injure another's reputation or character.

    What are the elements of a cause of action for defamation?

    The elements of a defamation suit; whether slander or libel, are:

    1. A defamatory statement;

    2. Published to a third party;

    3. Which the speaker knew or should have known was false;

    4. That causes injury to the subject of the communication

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