tortsdefamation - Torts Defamation Outline Terminology...

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Torts Defamation Outline Terminology colloquium – identification of party defamed group libel – communication must be understood to refer to P extrinsic facts – key unstated facts (inducement) innuendo – harmful inference of statement libel – written; printed; embodied in physical form; other permanent forms of communication slander – spoken; transitory gestures Relevant factors to determine whether it is libel or slander Area of dissemination Deliberate and premeditated character of publication Persistence or permanence of publication Elements False and defamatory statement concerning another (person or corporation) Unprivileged Publication to Third party Fault – depending on D’s status (state of mind re: falsity, not ill will) Damages – depends on type of defamatory statement 1
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Defamation Communication is defamatory if it tends to harm P’s reputation in the community either by 1) Lowering others’ estimate of him/her (OR) 2) Deterring others from association or dealing with him/her Factors -- if a substantial a nd respectable minority of P’s community or associates would regard it as defamatory -- time, place and culture matter Opinion that implies allegation of undisclosed defamatory facts as basis for opinion can be defamation Ridicule – protected to the extent it represents merely a negative opinion, not implying false facts. Verbal abuse – profanity, directed at P in anger and obviously intended as abuse and not
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tortsdefamation - Torts Defamation Outline Terminology...

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