Slander

Definition

Slander is a form of defamation that involves the oral communication of false statements that damage the reputation of an individual. It is considered an intentional tort, as the speaker intends to harm the target's reputation, and it can also be a form of negligence if the speaker fails to exercise reasonable care in verifying the truthfulness of the statements.

5 Must Know Facts For Your Next Test

1. Slander is a type of defamation that involves the oral communication of false statements, as opposed to libel, which involves written defamation.
2. To prove slander, the plaintiff must show that the defendant made a false statement of fact, the statement was communicated to a third party, and the statement caused actual harm to the plaintiff's reputation.
3. Slander can be categorized as either slander per se, where the statement is so inherently damaging that harm is presumed, or slander per quod, where the plaintiff must prove actual damages.
4. Truth is an absolute defense to a slander claim, as the defendant can avoid liability by proving that the statement was truthful.
5. Slander can also be a form of negligence if the defendant fails to exercise reasonable care in verifying the truthfulness of the statements, even if they did not intend to cause harm.

Review Questions

• Explain the difference between slander and libel, and how they are both forms of defamation.
  • Slander and libel are both forms of defamation, which involves the communication of false statements that damage an individual's reputation. The key difference is that slander involves the oral communication of false statements, while libel involves the written communication of false statements. Both can lead to legal liability, but the specific elements and evidentiary requirements may differ. Slander is generally considered more ephemeral and harder to prove than libel, which leaves a more permanent record. However, both can have serious consequences for the target of the defamatory statements.
• Describe the elements required to prove a slander claim, and how the concept of malice is relevant.
  • To prove a slander claim, the plaintiff must show that the defendant made a false statement of fact, the statement was communicated to a third party, and the statement caused actual harm to the plaintiff's reputation. Malice, or the intent to cause harm, is a key element in slander cases. If the defendant made the statement with actual malice, meaning they knew the statement was false or recklessly disregarded the truth, the plaintiff may be able to recover additional damages. However, even if the defendant did not act with malice, they can still be liable for slander if they failed to exercise reasonable care in verifying the truthfulness of the statements, which would constitute negligence.
• Analyze how the concept of slander relates to the broader category of intentional torts, and how it can also be considered a form of negligence.
  • Slander is considered an intentional tort because the defendant intends to harm the plaintiff's reputation through the communication of false statements. This aligns with the general principles of intentional torts, where the defendant's actions are purposeful and aimed at causing harm to the plaintiff. However, slander can also be a form of negligence if the defendant fails to exercise reasonable care in verifying the truthfulness of the statements, even if they did not intend to cause harm. In this scenario, the defendant's negligence in failing to properly fact-check the information leads to the dissemination of false statements that damage the plaintiff's reputation. This highlights the dual nature of slander, where it can be both an intentional tort and a form of negligence, depending on the specific circumstances and the defendant's level of culpability.

Related terms

Defamation:

The act of making untrue statements about another person that damages their reputation.

Libel:

A form of defamation that involves the written communication of false statements that damage the reputation of an individual.

Malice: The intent to cause harm or damage to another person, which is a key element in proving slander or libel.