#Caveat Emptor
11-Oct-93 05:31:41
Sb: #117585-#Caveat Emptor
Fm: Dominick J. Fontana 74766,2154
To: Steve Ahlstrom 76703,2006
Steve,
> Your assertion that the other party attempted to sell stolen property
is libel.
That's not necessarily the case. It's only libel if the statement is
false. Truth is a defense in a defamation action. If a person utters
(slander) or writes (libel) a FALSE statement, AND the statement is HEARD
or PUBLISHED, and the statement DAMAGES THE REPUTATION of a person in the
eyes of those who have heard or read the statement, then the statement is
either slander or libel. All three elements must be present for a
defamation cause of action. (Falsehood, Publication, and Damages).
So if Conrad's statement is true, then his statement is not libelous
even if it damages the buyer's reputation.
Dom Fontana
–> Sent from NY via AP <–