FREE BOOKS

Author's List




PREV.   NEXT  
|<   182   183   184   185   186   187   188   189   190   191   192   193   194   195   196   197   198   199   200   201   202   203   204   205   206  
207   208   209   210   211   212   213   214   215   216   217   218   219   220   221   222   223   224   225   226   227   228   229   230   231   >>   >|  
l is dishonest and corrupt is actionable. And when a libelous publication is directed against a class or body of persons, for example, the medical staff of a public hospital, any member of the body may maintain an action for the wrong. A corporation has no character like a natural person to defend, but a defamatory charge which directly affects its credit and injures its business reputation is an actionable one. On the other hand as a corporation must transact its business and perform its duties through natural persons it is now well settled that a corporation is liable in damages for slander, as it is for other torts. Slanderous words that are actionable have been thus classified by the United States Supreme Court: "(1) words falsely spoken of a person which impute to the party the commission of some criminal offense involving moral turpitude, for which the party, if the charge be true, may be indicted and punished; (2) words falsely spoken of a person which impute that the party is infected with some infectious disease, where, if the charge is true, it would exclude him from society; (3) defamatory words falsely spoken of a person which impute to the party unfitness to perform the duties of an office or employment of profit or the want of integrity in the discharge of his duties of such office or employment; (4) defamatory words falsely spoken of a party which prejudice such party in his or her profession or trade." The damages may be either nominal, one dollar is often given in such cases, or compensatory, larger damages, as a punishment. The amount rendered is within the province of the jury, but courts do not hesitate to modify or set aside verdicts which are deemed excessive or too meager. The defenses in such actions may be briefly described. The truth of the charge is a complete defense to a civil action for slander or libel, because "the law will not permit a man to recover damages in respect to an injury to a character which he either does not or ought not to possess." A privileged communication is another defense. The heads of the executive departments of government are absolutely privileged for defamatory statements made by them while acting within the limits of their authority. Their motives do not become the subject of inquiry in a civil suit for damages. Judicial officers are shielded by this rule while discharging their duties. The publication of judicial proceedings is conditionally privileged.
PREV.   NEXT  
|<   182   183   184   185   186   187   188   189   190   191   192   193   194   195   196   197   198   199   200   201   202   203   204   205   206  
207   208   209   210   211   212   213   214   215   216   217   218   219   220   221   222   223   224   225   226   227   228   229   230   231   >>   >|  



Top keywords:
damages
 

duties

 

defamatory

 
falsely
 
spoken
 
person
 

charge

 

corporation

 

impute

 

privileged


actionable
 
office
 

employment

 

slander

 

persons

 

perform

 

business

 

publication

 

action

 

natural


character
 

defense

 

deemed

 
verdicts
 

briefly

 
actions
 
defenses
 

meager

 

excessive

 

proceedings


compensatory

 

conditionally

 
nominal
 
dollar
 

larger

 
punishment
 

judicial

 

hesitate

 

modify

 

courts


amount

 

rendered

 
province
 

shielded

 
executive
 
departments
 

inquiry

 

subject

 
communication
 

government