mentioned before that I played baseball growing up. It is absolutely my favorite sport to play.
However, as a
kid, it took me many years to appreciate the art of getting a walk.
A walk is
when the pitcher throws 4 balls (non-strikes) and you get automatically get to go to first base.
think that is how a defamation case works. Someone lied about you and you get to win a court case against that person.
And sometimes that is exactly how it
The elements of a defamation case
(1) someone says a false statement
(2) someone else without your
(3) they did it on purpose or negligently,
(4) it caused special harm or defamation
three elements are really easy to prove. Someone just has to lie about you to someone else.
It is the
last element that is the determining factor. If that person lied about your sexual morality, about whether you have a disease, that you are a criminal, or lied about your business or
professionalism at work, then you get automatic damages or per se damages.
damages means you don’t have to prove economic loss or injury.
defamation case does not fall into one of those four categories, you have a much harder time proving your defamation case.
because you have to prove special damages. As previously discussed, special damages are more than money. These can be:
Loss of profits, business
opportunities, or contacts
product or business property
harm to business reputation
operating revenue (for example, if a business did not open on the scheduled date because construction was not completed)
time or other inconveniences
These are a lot harder to prove because, for example, if you claim you lost business clients, then you have to describe the lost clients by name and that you lost the clients because of the
If you can’t
prove the special damages you cannot win your defamation case.That
is why, in certain cases, it does not matter if someone is lying about you and other times you have the equivalent of a baseball walk.
Thank you for
reading, my business is to protect your business!
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