Results 1 to 10 of 33

Threaded View

  1. #8
    Join Date
    Sep 2013
    Posts
    833

    Default Re: Over a Letter

    Quote Quoting cbg
    View Post
    No, the key here is whether the elements of defamation have been met. They have not been met if the only entity he makes the statement to is the entity itself.

    It is questionable if they would have been met even if there had been a third party since he is expressing an opinion, but if only one entity is involved defamation and all its variants are right off the table.
    One of the elements of defamation is publication. An agent of a person is not the person. From an old Prosser on Torts:
    There may be publication to any third person. It may be made to a member of the plaintiff's family, including his wife, or to the plaintiff's agent or employee. It may be made to the defendant's own agent, employee or officer, even where the defendant is a corporation. The dictation of defamatory matter to a stenographer generally is regarded as sufficient publication, althoug it may be privileged. A few courts, with a tendency to confuse the question of publication with that of privilege, have held that it is not, regarding dictation as an indespensable method in modern business transactions, and therefore merely equivalent to the defendant's own writing.
    Calling a person unethical and corrupt, while an opinion, assumes actual facts. While it would certainly be argued that the OP was only expressing an opinion, unless it did not refer to anything else more specific, it would be considered defamatory and not mere opinion. If it was simply saying "unethical and corrupt" (As in "corporation is a stinkyhead".) then the corp would really, really not care and there would be nothing even resembling damages.

    A good argument for the OP might be the corporation is "public" by its nature and they would need to prove actual malice under New York Times v. Sullivan to win. That would be hard if the OP was simply writing to the corporation on what he felt to be a matter of public concern.

    1. Sponsored Links
       

Similar Threads

  1. Repossession: Tax Letter Received After Repossession and Write-Off
    By clw76 in forum Cars and Dealerships
    Replies: 1
    Last Post: 02-24-2013, 04:18 PM
  2. Hearings and Trials: How to Write a Good Trial by Declaration Letter for Speeding Over 100mph
    By Slimshady in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 11-17-2012, 05:54 PM
  3. Resignation: Employer Made Me Write a Resignation Letter
    By prada in forum Employment and Labor
    Replies: 13
    Last Post: 07-29-2010, 12:12 PM
  4. Civil Procedure Issues: How to Write a Letter to the Judge
    By Caroline90 in forum Civil Procedure
    Replies: 2
    Last Post: 06-16-2010, 11:48 AM
  5. Pardons and Clemency: How Do I Write A Pardon Letter
    By tica in forum Criminal Records
    Replies: 13
    Last Post: 06-27-2007, 03:46 PM
 
 
Sponsored Links

Legal Help, Information and Resources