12-26-2007
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#151 (permalink)
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he likes it!
Join Date: Aug 2003
Posts: 16,032
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Quote:
Originally Posted by StewartG
Paulo:
Defamation is an actionable tort. The elements of defamation in Texas are: (1) an untrue statement (2) expressed in written or other graphic form that (3) tends to injure a person's reputation (meaning to expose the person to public hatred, contempt or ridicule, or financial injury). See Chang v. Linh Nguyen, 76 S.W.3d 635, 637 n. 3 (Tex. App. 2002)
Now, when it comes to proving injury, there are two kinds of defamation: per se and per quod. Defamation per quod requires the Plaintiff to prove special damages in order to obtain a judgment against the Defendant. Defamation per se, however, occurs when you say something so bad about a person that the law just presumes that the person has been injured. Under these circumstances, there is no need to prove general damages. At common law, there are several such instances of defamation per se: statements accusing a person of committing a crime, statements accusing a person of having a "loathsome disease" (something like leprosy or an STD), and (most importantly here) statements which shed an unfavorable light on someone in regard to their business or profession. Bolling v. Baker, 671 S.W.2d 559, 570 (Tex. App.1984).
While this post is not meant to be specific legal advice, please feel free to contact me via PM if you would like more information in regard to your legal rights in this regard. I have had the opportunity to pursue numerous defamation cases over the years, and I also have been known to work pro bono for cases about which I feel a great passion.
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Does this have to do with international law? What courts would you use.....Mexican.....American.......
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