Tort Law: The Rules of Defamation

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The law protects people from many types of harms, including harm to one’s good name and character. The United States legal system affords people the right to sue when false and defamatory statements have harmed their reputations. Since these rules offer only general guidance, the determination of whether a negative statement rises to the level of defamation must be determined on a case by case basis. Every defamation claim must meet the following four elements: a false statement concerning another; the statement must be defamatory; a publication to a third party; and
harm to the plaintiff’s reputation.

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