Essay.defamation (1).pdf - 2 Data Analytics Inc and...

This preview shows page 1 out of 1 page.

2. Data Analytics, Inc., and eProducts Corporation market competing software products. Data Analytics launches an advertising campaign claiming that eProducts, instead of testing software before it is marketed, has customers “test” the software by using it. eProducts knows this is not true but begins to lose sales to Data Analytics. On what grounds could eProducts sue Data Analytics for injury to eProducts’ reputation? ANSWER: Issue: Does eProducts have a claim against Data Analytics for defamation for the harm it is causing to eProducts’ reputation. Does eProducts have a claim for slander of quality? Rule: Defamation occurs when: (1) a party makes a false statement, (2) which is published to others; (3) that injures another’s reputation. Slander of quality occurs when (1) a party makes a false statement about the quality of the plaintiff’s goods; (2) which is published to others; (3) that injures the reputation of the plaintiff’s goods.

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture