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Jessica EwingTortsWeek 7 Learning Activity December 5, 2019 1. Ms. Smalls according to the facts of the case, statues, and precedent under the law may claim that Peter Fish’s statements to the media outlets were defamatory. She may claim that not only were they defamatory, but they were published to a third party, they were false statements that resulted in damage to her reputation as a union leader, and he had malicious intent when he made the statements. An argument could be made thatby stating that “Ms. Smalls is an ineffective and weak union leader; she also is an incompetent instructor in her class", the intent was clear that she should be removed and replaced as a union leader. The issue that is present in that argument in that she was not removed as a result, so damage has not actually occurred. The damage best argued is that damage was done to her reputation.2. In order for common law defamation to be present, the statements made by an