Slander

Slander involves making false spoken statements which are damaging to another person's reputation. It is a form of defamation that is communicated orally.
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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.

  1. 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.

  2. 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

  1. Claiming falsely in a public meeting that a business owner is embezzling funds.
  2. Telling a group of people that someone has a contagious disease when it is not true.
  3. 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

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