Business Communication | Defamation Defined

Defamation is defined as the un-consented and  un-privileged publication of a false idea , which tends to injure reputation.

It is in three forms

1.     Slander

2.     Libel

3.     Publication

SLANDER:

It is oral defamation . It can be committed by gestures , spoken words . Looks , reigns etc . Slander is also known as calumny.

  LIBEL:

It is written defamation . It is malignant publication or statement .

PUBLICATION:

It is the un-consented intentional or negligent communication of defamatory matter to a third part.

Libelous and slanderous statement are subject to legal action and the affected party may sue for the compensation of the damages to its good will and image .

PRIVILEGE:

Privilege is a legal right to communication a defamatory material or information in certain cases.

1.     Absolute privilege

2.     Conditional privilege

ABSOLUTE PRIVILEGE:

It is a right ,which is, enjoy by a person on his rank , position or nature . it has three states

1.     Judicial proceedings

2.     Legislative proceedings

3.     The act of government officials

CONDITIONAL PRIVILEGE:

Conveying  a defamatory statement in goods faith is not subject to legal action . An ordinary citizen can use it in a routine business actively . It can be qualifiedly used . The user of such privilege must avoid malafide  intension and will have to prove his good faith if needed . The following words and phrases should be avoided in the ordinary course of business .

FRAUD:

Fraud is the intentional misrepresentation by one party to a contract of  a material fact which is relied upon a by other party to his injury .

ELEMENTS:

A fraud is committed  when the element of fraud exist in a transaction

1.     False representation of facts .

2.     Intent that decided person act upon

3.     Knowledge that acts would earn.

4.     The deceived person acts to his injury

WARRANTIES:

Warranties or guarantees are common areas where fraud takes place frequently .By warranty the seller undertakes certain obligations about the quality and function of a product.

1.     Fake warranties are frauds.

2.     Other areas of frauds

3.     Fake business of frauds

4.     Fake investment companies

5.     Fake charity institution

6.     Bogus business universities

7.     Spurious public contests

8.     False prize scheme

9.     Gimmickry in medical cures

1.       Quarks and nostrums       

    

  

   

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