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DeNardo Brief - no need to inform the family and close...

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DeNardo v. Bax Daniel DeNardo and Joy Bax co-workers @ Alaska Newspapers, Inc. (ANI) Defamation lawsuit against Bax. Issue : Is the defendant abusing conditional privilege and liable to the plaintiff for defamation? Rule : Defamation - 1) a false and defamatory statement; 2) an unprivileged publication to a third party; 3) fault amounting at least to negligence; 4) the existence of either "per se" actionability or special harm. Conditional privilege a) there is information that affects a sufficiently important interest of the publisher, and b) the recipient's knowledge of the defamatory matter will be of service in the lawful protection of the interest. Application : The plaintiff though that she might be getting stalked by the defendant. The plaintiff only notified immediate parties of this knowledge that would be able to assist in the matter. There was
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Unformatted text preview: no need to inform the family and close friends because they do not know the defendant and can't help against the stalking. The plaintiff only shared the information to prevent any harm from befalling the plaintiff. The defendant was not stalking the walking, and the statements were said due to rivalry between plaintiff and defendant while working at ANI. The plaintiff did not seriously think she was being stalked because, she did not seek help from her close family. Conclusion : No, the defendant is not abusing conditional privilege, because the plaintiff only shared the information with parties able to protect the interest and for the purposes of the plaintiffs safety. Her information was not a defamation as no counter argument was given for the defendants doubt of the plaintiff being worried about being stalked....
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