Question

Elizabeth, a newly trained model tried to get a modeling position with Cardware, however, Candi thought that Elizabeth did not have enough experience on the runway and did not want to take a risk that she might not model Cardware’s clothing in a professional enough manner. Elizabeth was so angry when she was told that she did not get the position that she rushed home and immediately went to her Facebook page. She posted the following on her timeline: “Cardware uses cat gut to sew its sweaters and skirts together and there is mold inside of the clothing that does not sell! Repost if you are in protest of abusing animals to make a profit!” Within hours, sales at Cardware dropped, as Elizabeth’s 540 friends reposted Elizabeth’s post. Discuss what type of cause of action Cardware may be able to bring against Elizabeth. Also, can Cardware add CHEAPO who is Elizabeth’s Internet Service Provider to the lawsuit?

Answer 1

Yes the Cardware can take legal actions against Elizabeth under Defamation law where it a Libel. Elizabeth had made false allegations against the company and ruined its fame in the public thus the company can take legal actions.

These allegations can be considered as both criminal and civil offenses as the news is fake and is wide spread which comes under hate speech thus FIR can be put on and criminal charges can be taken .

In civil case defamation action can be taken and sue her for the loss.

No Cardware cannot bring the CHEAPO service provider as the Cheapo service provider does not got any involvement in this case because it is providing net to many people where each one use them for different purposes where Cheapo is not liable for everything.