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If someone made a statement that they thought was factual, even if it violated a confidence to state it, and the person hearing then repeated the information but with a harmful and defamed slant would the first person's actions be considered as slander?
State/Country relating to Question: California Already Tried: My son told an industry dealer that another industry provider had 1MM in product in the field with 4-600K in outstanding receivables. The industry dealer told another dealer that my son had said the provider renigged on his payables to his supplier and was nearly bankrupt and advised that the provider was not a good person to do business with. My son says he upheld the reputation of the provider and said nothing negative, on stated what he had heard were the facts. He is being accused of slander. Is this slander? I thought slander was when one spread malicious falsehoods. It seems that the dealer was the one who was slanderous. Please advise.
ILet me explain what defamation is and then I will address determination whether or not it is something you could pursue. I am going to provide you information on both slander and libel since they are so closely related and so often confused with each other. Both involve the communication of false information about a person, group or entity. Libel is any defamation that can be seen....writings, printing, effigy, movie or statue. Slander, is any defamation that is spoken and heard. They are civil injuries that harm reputation, cause a reduction in respect, regard or confidence, or cause disparaging, hostile or disagreeable opinions or feelings against an individual or entity. The laws regarding libel and slander are the same. To prevail in a suit for libel or slander and recover damages, you must prove 4 things: (i) the defendant conveyed a defamatory message they knew or should have known to be false; (ii) the material was published (i.e., conveyed to someone other than you); (iii) you can be identified as the the person referred to in the defamatory material; and (iv) you suffered an injury to your reputation as a result of the communication. Based on the foregoing, the first person would most likely be in the clear. The second person, depending on what could be proved about what that person knew or should have known, might be more culpable. I hope this has given you the guidance you were seeking. I wish you the best of luck! If I have adequately answered your question, even though the answer might not have been the one for which you hoped, I would appreciate it if you would please click the GREEN ACCEPT button NOW, so that I receive credit for my work; otherwise, though you have made a deposit, I do not receive credit. If you need additional clarification on this question after clicking ACCEPT, please do not hesitate to click Reply and I will be happy to do what I can to help you further. Thanks for allowing me to be of service to you. The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.
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