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Biz vs former consultant. Is it libel, slander, something else, or nothing at all?

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quincy

Senior Member
I understand your comment, Steve, but the company will be in worse financial shape if any defamatory information is posted on a blog. The company should NOT wait for the blog post to take action against the consultant.

The company can have a cease and desist drafted in less than an hour by an attorney, or save all costs by going to a legal aid clinic. The minimal (or no) expense involved in having an attorney send a cease and desist seems to me to be a better way to go.

If you think a cease and desist letter from an attorney is easy to ignore, a back-channel message is even more so. ;) :)
 


JETX

Senior Member
I agree with what everyone has said, but will also note that the consultant has already slandered the company by discussing with one of his current business contractors what he intends to write on the blog. For this discussion alone he can be sued for defamation.
And of course, we do NOT have sufficient information for any reasonable person to even suggest that.

We do NOT know what EXACTLY was said or not said in the blog or elsewhere. We only know that he told "one of the business's current contractors that he may expose the private details of the events of the late payment".
As long as the payment was in fact 'late', there is NOTHING defamatory in that statement.
 

quincy

Senior Member
:rolleyes:

Jet, you are always SO intent on finding error in anything I write that you fail to read what has been posted. READ PARAGRAPH TWO OF THE ORIGINAL POST!!!!!!

Geez.

(also note that the blog has NOT been written yet - reading comprehension is a skill you need to acquire, honestly - and also note that YOUR post #3 was 110% crap)
 
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You Are Guilty

Senior Member
:rolleyes:

Jet, you are always SO intent on finding error in anything I write that you fail to read what has been posted. READ PARAGRAPH TWO OF THE ORIGINAL POST!!!!!!

Geez.

(also note that the blog has NOT been written yet - reading comprehension is a skill you need to acquire, honestly)
So now we have "conspiracy to defame" torts? ("That is to say, he intends to make remarks about the owner's behavior and imply that the company is dead or dying. ")

In which case, I'm intending on calling you a koala-bear rapist. I haven't actually called you that (yet), but check back in a few years :cool:
 

quincy

Senior Member
YAG, he MADE the comments to a third party ALREADY. No blog post is needed.

Geez all mighty.

READ PARAGRAPH TWO OF THE ORIGINAL POST!!!! The consultant stated everything he was going to write in the blog TO A BUSINESS CONTRACTOR. The business contractor is a THIRD PARTY. The consultant has ALREADY slandered the company by implying to this third party that the company is having financial difficulties, based only on the fact that he was not paid in a timely fashion.

Is paragraph two invisible to everyone but me?


(and I have not been around any koala bears . . . . for years, at any rate)
 

You Are Guilty

Senior Member
If saying "I am going to write a blog post about XYZ" = defamation, then saying "I am going to kill my wife" = murder. :D

My only point is while it's possible the statement he made to the third party was defamatory, it's far from certain. Without the third party reporting the statement verbatim, it's just guesswork at this stage, you dirty bear molester.
 

quincy

Senior Member
I am saying that telling a third person you are going to write a blog about XYZ is as defamatory as writing the blog about XYZ, if the XYZ you tell this third person you are going to write is false and defamatory. And, if what the third person UNDERSTANDS the comments to mean can make the comments defamatory, even if what was said was not meant to imply anything defamatory.

If YAG says to a third person that he is going to write that quincy molests koala bears, it says to this third person that YAG has some unrevealed information to support his belief that quincy molests koala bears. It would be defamation even if YAG never writes about quincy in a blog (or posts it for all to read on FreeAdvice). He has already defamed quincy to this third person. Accusing someone falsely of molesting koala bears, or implying falsely that someone molested koala bears, could also be determined by the court to be per se defamation, and quincy could collect damages on this presumed injury.

If, however, YAG tells this third person that he believes quincy molests koala bears because he found a koala bear hair on quincy's suit, YAG MAY be able to successfully use opinion as a defense to a defamation action. He may be drawing the wrong conclusion from the existence of koala hair, but the hair could support the erroneous conclusion which is the basis for YAG's opinion. It would be up to a court to decide if YAG's comment was opinion or not.

(. . . . and, as a note, it was consensual, the koala bear was of legal age, and I am confident she will remain silent about the whole matter, anyway. . . .)

But your example, "I am going to kill my wife" equals murder, is a whole different animal than what we are speaking of here. It is not defamatory (although it could equal a threat to commit murder and get the speaker in trouble). Saying to a third person that "I am going to write a blog and tell everyone that my wife committed murder" would be defamatory if false, however - you are implying to that third person that your wife is a murderer.

So, in other words, there is no "conspiracy to defame" here. There is defamation as soon as the defamatory comments are communicated to a third person. The consultant communicated his defamatory comments by describing to the contractor what he intended to write about the company's financial health.
 
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