Torts: Defamation: Damages, maybe

Damages, maybe.
  • Libel: any defamation that is written down or otherwise captured in a permanent format. Libel in handwritten letter; or libel if published on front page of NYT.
    • Π does not have to prove damages to get to the jury. Libel Π gets to jury on the first two elements. Libel Π may offer evidence on damage, but doesn’t have to.
  • Slander: any defamation that is spoken. Damages =
    • Slander per se: Same damage rule as libel; no requirement to get to jury. Any spoken statement made by the Δ about the Π that falls into following 4 categories:
      • Statement made by Δ concerning Π’s business or profession.
      • Statement by Δ that Π has committed a crime of moral turpitude. (serious crime w/ moral dimension to it)
      • Statement imputing un-chastity to a woman.
      • Statement Π suffers from a loathsome disease—a disease that when you have it, other people loathe you.
          • Leprosy
          • Venereal disease
    • Π must prove concrete economic harm if a statement does not fall into one of the slander per se categories.