Author Question: Discuss the four elements that must be proven in order to win a defamation ... (Read 34 times)

yoroshambo · **on:** Jun 24, 2018

Discuss the four elements that must be proven in order to win a defamation case.

Question 2

Tracy is an employee of Zebra Toy Company and both parties are free to terminate her employment at will. One afternoon she has lunch with a friend who works in marketing for her company's biggest competitor, Tiger Toys. Over a period of about three months, Tiger Toy representatives convince Tracy to work with them. Tiger offers a larger base salary with bigger commissions than she had with Zebra. When Tracy leaves Zebra, it sues Tiger Toys claiming it intentionally interfered with a contractual relationship. Will Zebra Toy Company be successful?

morganmarie791 · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

Defamatory statement. This is a factual statement that is likely to harm another person's reputation. Because opinions are not factual, they do not generally count as defamatory statements.
Falsity. The statement must be false. Making a true statement, no matter how mean, is not defamation.
Communicated. The statement must be communicated to at least one person other than the plaintiff.
Injury. The plaintiff must show some injury.

Answer to Question 2

No. The existing contract could be terminated at will by either party, meaning that although Zebra Toy Company had a contract with Tracy, Zebra Toy had no long-term assurances because both Tracy and Zebra Toy could end the contract at will at any time.