Question

1. Defamation is an intentional tort. What are the elements of defamation?

2. In your own words, provide an example of negligence you have experienced and also provide the liability for your negligence example.

Answer 1

There is a very thin line between a person's right to freedom and another's right to protect their good name. Defamation is any statement that hurts someone's reputation. If the statement is hand-written, it is called libel. If it is spoken, it is called slander.
Elements of Defamation:
1. The Statement
It should be spoken or written. Slander is less harmful than libel because spoken words fade away.
2. Publication
For the statement to be published, a third party should have seen or heard the statement.
3. Injury
To succeed in the lawsuit, the statement should have caused injury to the subject of the statement.
4. Falsity
It will only consider false statements. True statements no matter how much ever they hurt are not considered as defamation statements.
5. Unprivileged
Lawmakers cannot sue for defamation when a statement is considered preivileged.