<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by psycho8160:
I was wondering if anyone could clear up this question I had. It has always been my belief that in order to file any type a suit involving slander and defamation of character the plaintiff must show malice and intent, is this true for all cases?<HR></BLOCKQUOTE>
My response:
The following may or may not be the law in your state, so you should check with a lawyer for specifics. The law of defamation of character (libel and slander) in California is, in part, as follows:
Defamation consists of false and unprivileged written, oral or recorded publications which expose the defamed person to hatred, contempt, ridicule or obloquy or cause the person to be shunned or avoided or injured in his or her occupation . . . tend[ing] to injure the person in his or her business or profession, or otherwise cause actual damage. It is my opinion, that if your fact situation is accurate, the statements and actions as you allege in this case, fall within the above definitions.
It is axiomatic that for defamatory matter to be actionable, it must be communicated, or "published," intentionally or negligently, to "one other than the person defamed." (Prosser & Keeton on Torts (5th ed. 1984) § 113, pp. 797-798.)
IAAL
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