Slander
Slander is the act of making false spoken statements that damage the reputation of another person. It falls under the broader category of defamation but distinguishes itself by being communicated orally rather than in written form.
Detailed Definition
Defamation is a legal term referring to any false communication, either spoken (slander) or written (libel), that harms a person’s reputation. For a statement to be considered slanderous, it must be made to a third party and must be false and injurious.
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Slander Per Se: This occurs when the defamatory meaning of the statement is apparent from the statement’s face without the need for additional information. Categories of slander per se typically include claims accusing someone of committing a crime, having a contagious disease, or behaving in a way that is incompatible with a profession.
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Slander Per Quod: This involves statements where the defamatory meaning is not immediately clear and requires extrinsic facts to understand the harm caused.
Examples of Slander
- Claiming falsely in a public meeting that a business owner is embezzling funds.
- Telling a group of people that someone has a contagious disease when it is not true.
- Stating at a workplace that a coworker is involved in criminal activities without evidence or truth in the claim.
Frequently Asked Questions (FAQs)
Q: How is slander different from libel?
A: Slander refers to spoken defamatory statements while libel refers to written defamatory statements.
Q: Can someone be sued for slander without knowing their statement was false?
A: Yes, even if the person did not know the statement was false, they could still be liable for slander, though their level of awareness can impact the severity of penalties.
Q: What defenses are available against a slander accusation?
A: Truth is a primary defense against slander. Other defenses include privilege, opinion, and consent.
- Defamation: A broad term for false statements that Damage another’s reputation.
- Libel: Written defamation, as opposed to spoken defamation (slander).
- Privilege: A legal right allowing certain statemements to avoid serving as the basis for a defamation lawsuit in specific contexts (e.g., courtroom testimony).
- Actual Malice: Knowledge of the falsehood or reckless disregard for the truth, applicable primarily in U.S. defamation cases involving public figures.
Online References
Suggested Books for Further Studies
- “The Law of Defamation” by Rodney A. Smolla
- “Defamation: Comparative Law and Practice” by Andrew T. Kenyon
- “First Amendment, Fifth Edition” by Geoffrey R. Stone, Louis Michael Seidman, Cass R. Sunstein, Mark H. Tushnet, and Pamela S. Karlan
Fundamentals of Slander: Business Law Basics Quiz
### What is the defining feature of slander compared to libel?
- [ ] It involves any harm to person.
- [ ] It can only be directed at companies.
- [x] Slander is spoken, not written.
- [ ] It always involves public concern matters.
> **Explanation:** Slander specifically refers to defamatory statements made orally, while libel refers to written defamatory statements.
### Which term refers to slander that is clear in its defamatory meaning without additional context?
- [x] Slander per se
- [ ] Slander per quod
- [ ] Qualified privilege
- [ ] Actual malice
> **Explanation:** Slander per se is a category of slander where the harmful nature of the statement is apparent on its face.
### What is required to understand the defamatory meaning of slander per quod?
- [ ] Simple context
- [ ] Physical statements
- [x] Extrinsic facts
- [ ] Third-party witness
> **Explanation:** Slander per quod necessitates extrinsic facts to reveal its defamatory nature, as it is not immediately evident.
### Which category does false allegations of committing a crime fall under?
- [ ] Slander per quod
- [x] Slander per se
- [ ] Slanderous privilege
- [ ] Qualified defamation
> **Explanation:** Accusations of criminal activity typically fall under slander per se due to their inherently harmful nature.
### What is one potential legal defense against a claim of slander?
- [x] Truth
- [ ] Persuasion
- [ ] Fear
- [ ] Impact assessment
> **Explanation:** Truth is a primary defense against a slander claim, as a statement that is true cannot be defamatory.
### Can a statement made with reckless disregard for its truthfulness be considered slander?
- [x] Yes
- [ ] No
- [ ] Only if repeated
- [ ] Only if damaging
> **Explanation:** Statements made with reckless disregard for their truthfulness can be considered slanderous, particularly in U.S. defamation law.
### What is the required element for a statement to qualify as slanderous?
- [x] It must be false.
- [ ] It must be algebraic.
- [ ] It must be written.
- [ ] It must be affirmed by others.
> **Explanation:** For a statement to be slanderous, it must be false because true statements cannot be considered defamatory.
### What term refers to the legal exemptions allowing certain statements to avoid defamation liability?
- [ ] Absolute malice
- [x] Privilege
- [ ] Defamation
- [ ] Proclamation
> **Explanation:** Privilege refers to legal exemptions that permit certain statements to be made without the risk of defamation liability in specific contexts, like court testimony.
### Why is “slander per se” significant in legal terms?
- [ ] No lawsuit can be filed against it.
- [x] It does not require proof of damages.
- [ ] It protects free speech.
- [ ] It always involves monetary settlements.
> **Explanation:** "Slander per se" is significant because it does not require the plaintiff to prove damages for certain categories of false statements—they are assumed.
### Which is typically easier to prove, slander or libel, and why?
- [ ] Slander, because it requires written proof.
- [ ] Both are equally hard.
- [ ] Neither can be proven.
- [x] Libel, because it involves written and lasting evidence.
> **Explanation:** Libel is typically easier to prove than slander because the defamatory content is documented and can be presented as evidence, unlike spoken words.
Thank you for delving into the specialized vocabulary of defamation law and participating in the challenging quiz questions. Continue enhancing your legal acumen for a secure and informed future!
