Giving Out

Defendant v. Plaintiff

Defamation

Defamation is a false defamatory statement published intentionally or negligently to a third party who knew or understood the statement as defamatory causing damages to Plaintiff’s reputation.

Therefore, Defendant will be liable for defamation.

Actual Causation

But for the negligent acts of one or more, Plaintiff would not have been injured resulting in Defendant being the cause in fact of the injury.

Thus, Defendant is the actual cause of Plaintiff’s injury.

Proximate Causation

A Defendant’s negligent act is the proximate cause of Plaintiff’s injuries and damages if the results of the Defendant’s acts are foreseeable.

Thus, Defendant is the proximate cause of Plaintiff’s reputation being lowered in the community.

Damages

General Damages

Since greater harm results from published defamation, general damages are presumed.

Since Defendant’s statement is libel, as discussed supra, general damages will be presumed.

Special Damages

Special damages account for lost wages , profits, and medical expense or lost income (endorsements, future contract deals, etc.) , IF SPECIFICALLY PLEADED.

Therefore, Plaintiff is entitled to Special Damages.

Punitive Damages

Plaintiff may recover punitive damages if there was willful intent to injure or harm him on the part of Defendant.

Defenses

Truth

A statement proven to be true will be a viable defense.

Thus, truth is not a defense.

Qualified Privilege

A person for the protection of the public interest is qualified to make statements hen reasonably believed necessary to protect a legitimate public interest.

Therefore, the qualified privilege defense will not apply in this case.

Constitutional Privilege

If a defamatory statement relates to a public figure or to a matter of public concern, pursuant to New York times v. Sullivan the plaintiff must prove actual malice. For private individuals, a mere showing of negligence is...