Caveat Emptor
13-Oct-93 06:01:44
Sb: #117623-Caveat Emptor
Fm: Dominick J. Fontana 74766,2154
To: Steve Ahlstrom 76703,2006
Steve,
> Now it would be up to you to prove damages and intent — but the
statement is libelous regardless.
Again, that doesn't have to be the case. I agree that right now we have
no way of knowing if the equipment was stolen. Even if we accept the fact,
that the buyer did bounce a check and never paid for the computer, that
doesn't mean that the computer he's now selling is the same one he got
with a bounced check. (There's also the issue of the legal definition of
the term "stolen").
However, I didn't say that the statement was definitely NOT libelous. I
believe I said something like, "That's not necessarily the case [that it
is libelous]." That is, making a disparaging remark about someone is not
libelous, if the statement is true. You're allowed to call people names,
if they're true. 😎
Although he would have to prove the truth of his allegations, the fact
is if there were a lawsuit, the court would most definitely compare the
serial numbers. But issues of proof aside, all I said was that we have no
way of knowing if the statement is libelous. If the buyer is selling the
same computer he got with a bounced check, then the seller is telling the
truth in his message and his message is not libelous. The bottom line is
that the statement could be, but isn't necessarily, libelous.
Dom Fontana
–> Sent from NY via AP <–