Deformation Of Character Definition
Defamation of character occurs when someone makes a false statement about you that causes you some type of harm.
Deformation of character definition. Defamation of character or simply defamation is a legal term that describes when one person tells a lie about another person that harms the first person s life. For example if john starts telling people that jerry is a thief and this false rumor keeps jerry from getting a job jerry may be able to sue tom for defamation of character. The remedy for verbal defamation was long confined to a civil action for a monetary penalty which was estimated according to the significance of the case and which although vindictive in its character doubtless included practically the element of.
Roman law was aimed at giving sufficient scope for the discussion of a man s character while it protected him from needless insult and pain. Defamation of character law is designed to protect and compensate individuals and business from having their character and reputation improperly damaged by untrue defamatory statements. Defamation of character is when one party makes untrue statements that may be malicious or accusatory about another person.
In a court of law the plaintiff pursuing the lawsuit would charge defamation of character to cover any form of false or damaging allegations. Defamation of character claims can however be tricky as our courts always try to preserve freedom of expression as enshrined in section 16 of our constitution1. Defamation of character may result in shame or embarrassment.
As the plaintiff the accusing the burden of proof falls on you to prove the defendant the accused did what you re claiming. Slander involves verbal derogatory statements while libel involves written ones. Those essential components of a defamation claim are fairly straightforward.
The term defamation of character is often used to describe accusations of slander libel or both. In order for the action to be identified as defamation of character the actions must harm or be intended to harm another person. But at the same time the right to freedom of expression can also be limited and may not encroach on any other person s rights in this case the right to an untainted reputation.
Any intentional false communication either written or spoken that harms a person s reputation. Under defamation of character law if you make out a successful defamation case in court you may be able to stop that person from making or publishing such statements about you. In our example kevin s reputation was severely harmed.
The statement must be published meaning some third party must have heard it false and it must result in harm usually to the reputation. Unfortunately defamation of character claims are extremely difficult to prove in the court.
