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Ellen
Ellen, Attorney
Category: Business Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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I have a person who continually slanders my self and business

Customer Question

I have a person who continually slanders my self and business reputation on several web sites that we generate business from. this person has no personal experience with our company, no other experience with our work and simple resorts to things like "I just don't want anyone to get taken by internet experts with no real experience" Of course my company has been around for many years and has a well documented performance level. What can I do ???
Submitted: 8 years ago.
Category: Business Law
Expert:  Ellen replied 8 years ago.

Hello,

Thank you for your question. I am happy to assist you.


Consider filing an action against the person for the tort of interference with contract based on a business expectancy and defamation.


To establish a prima facie claim for tortious interference with contract, you must show the existence of a valid contractual relationship or business expectancy; the interferer's knowledge of the relationship or expectancy; intentional interference inducing or causing a breach or termination of the relationship or expectancy; and resultant damage to the party whose relationship or expectancy has been disrupted.


Defamation basically consists of: (1) a false statement of fact about another; (2) an unprivileged publication of that statement to a third party; (3) some degree of fault, depending on the type of case; and (4) some harm or damage.

Libel is defamation by the printed word and slander is defamation by the spoken word.


Based upon your post only, you appear to meet all the criteria to establish a prima facie claim for tortious interference with contract and defamation.


I hope that the information which I provided was helpful to you.


Best wishes for a Happy New Year. If you have additional questions, please do not hesitate to submit them to me directly.


Thank you,
FLAandNYLAWYER


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THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE

Ellen, Attorney
Category: Business Law
Satisfied Customers: 36714
Experience: 25 years of experience helping people like you.
Ellen and 4 other Business Law Specialists are ready to help you
Customer: replied 8 years ago.
Thank you for your help, . .. I'm new to this web site and system, .. so I hope
I'm doing things correctly.

Is it possable to have you veiw a recent internet thread where this person posted
and get your opinion?

Thank you.
Expert:  Ellen replied 8 years ago.
Absolutely.

You can post me the site by clicking
http://www.justanswer.com/profile.aspx?PF=9968427&FID=0


Thank you,
FLAandNYLAWYER

Expert:  Sandi Lilly replied 8 years ago.

Another route, since tortious intereference suits must be related to specific contracts and customers, might be a defamation claim seeking injunctive relief. As the previous responder stated, there appears to be ample evidence of defamation, however you must be able to demonstrate, in either case, damages, how were you hurt? What is the value of your loss? You must also abe able to show that the statements are the proximate cause of your damages.

 

Good luck.

 

 

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