Torts Discussion Forum

Bryan, this is a dynamic question. Thank you for beginning the forum with the topic of Defamation (just in case this forum gets out of hand). Defamation comes in two forms: libel, and slander. Libel is the written form of Defamation and Slander is the spoken form. Defamation (either slander or libel) is a false statement that harms the reputation of another. The latter element “which harms the reputation of another” can only be accomplished if a third party (one or more persons) was able to hear or read the false statement. With that said to prove slander evidence such as a recording of the oral statement either on video or tape (showing the defendant slandering and also showing a third party presence) will suffice as proof. If a recording is not available, testimony by the third party who was present during the slander will suffice. The major difference of Slander and Libel other than slander being oral and libel being written is their relationship to damages. Slander requires a showing of special damages whereas Libel only requires a showing of general damages. Special damages are shown through quantifiable monetary losses (example: lost wages because plaintiff was fired after being defamed by the defendant) whereas general damages are non-monetary type of damages (pain and suffering as a result of being defamed by the defendant). With that said, if a defendant slanders a plaintiff and that plaintiff only had general damages such as pain and suffering the plaintiff will not have a cause of action for Defamation. The plaintiff must show quantifiable money damages when slandered. Once the defendant has shown these special damages he or she may also recover general damages. With libel, a defendant can recover general damages without having to show special damages (special damages are recoverable but they are not mandatory for libel as they are for slander). However, with these rules comes a Caveat called “Slander Per Se”. Slander Per Se allows the plaintiff to recover for slander without requiring a showing of special damages. Slander Per Se occurs when the defendant has slandered the plaintiff in one of the following four ways: the defendant slanders the plaintiff by saying the plaintiff has a loathsome disease, the plaintiff says the defendant is not a chaste woman, the defendant slander is relates to the plaintiff’s business or profession, or the plaintiff orally states that the plaintiff has committed a crime. I hope this helps. Thanks again for a wonderful question.

Moe
Thank you fir your wonderful explanation on the difference between Slandering and Libel. While I certainly recognize and appreciate your elaboration on the said subject, my question was the differentiating factors between slandering and disparagement. You did answer part of the question by identifying the difference between slander and libel which essentially one bring oral defamatory comments that cause specific quantifiable damages and one being written proximately causing general damages. Disparagement is essentially a Trade libel which is ordinarily used in business and trade contexts.
Excellent job buddy!

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