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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 53987
Experience:  Attorney with 29 years of experience.
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MY condo HOA sent a damaging email about me to my son on

Customer Question

MY condo HOA sent a damaging email about me to my son on his Merrill Lynch company email..he is emloyed there..I am a licensed securities broker as well...this info is now permanent record at Merrill...do I have recourse?
Submitted: 4 years ago.
Category: Legal
Expert:  Richard replied 4 years ago.
Good morning. This possibly gives rise to a defamation claim. Let me explain what defamation is and then you
can make the determination whether or not it is something you wish to 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 defamation suit for libel or slander and recover damages, a person
("Person A") must prove 4 things: (i) another person ("Person B") 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 Person A); (iii)
Person A can be identified as the person
referred to in the defamatory material; and (iv) Person A suffered an injury to
Person A's reputation as a result of the communication.



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