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I am very sorry for your situation.What case would I have for slander if this happens?
You would actually be able to sue for defamation
. Allow me to explain.
To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract
," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state.Defamation
exists when there is (1) a defamatory statement of fact; (2) that statement's identification of or reference to the plaintiff; (3) publication of the statement by the defendant; (4) the defendant's fault in the publication; (5) the statement's falsity; and (6) damages. Brown v. Tucker, 330 Ark. 435, 954 S.W.2d 262 (1997)
Slander is verbal defamation and libel is written defamation; they are two sides of the same coin.
In addition, defamation per se
is a cause when someone accuses you falsely of a criminal nature. There, damages do not have to be proven, and are simply ASSUMED, making your case easier.
So if she accuses you of this on the stand, you may have a case for defamation per se
I hope this helps and clarifies.
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