Friday, April 17, 2015 3:41:08 PM
Section 17 of the Act deals with slander of title, goods and other malicious falsehoods. Slander of title and of goods relates to where slanderous comments are made about an individual or corporation's property that they own or where they sell. Again, in these sorts of situations a plaintiff does not have to allege or prove special damages:
a) if the words upon which the action is founded are calculated to cause pecuniary damage to the plaintiff and are published in writing or other permanent form; or
b) if the words upon which the action is founded are calculated to cause pecuniary damage to the plaintiff in respect of any office, profession, calling, trade or business held or carried on by the plaintiff at the time of the publication, and the plaintiff may recover damages without averment or proof of special damage.
3. Proving a Claim in Libel and/or Slander
In order to initiate a claim of libel or slander in an action for defamation, the allegations must prove the following:
i) The statements must be made to a third party. Where a statement has been made and no one has read it aside from the individual, organization or corporation about which the statement has been made, the statement cannot be considered libellous;
ii) The statements must be made specifically about individual, corporation or organization in question. It must be reasonably inferred that the statement that was published could reasonably be inferred to be discussing to or referring to that individual, corporation or organization.
iii) Finally, the statement made must be considered defamatory, i.e. the statement must be false and disparages the reputation of the individual, corporation or organization.
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