Bert Reynolds, a commentator for a major sports television ...

[panfilo]

Bert Reynolds, a commentator for a major sports television network, makes an on-air comment one day that Aligatoraid, a sports beverage made by Extreme Beverages of America, Inc, is so full of sugar it will rot your teeth faster than it will quench your thirst.. The beverage contains significant amounts of sugar. Shortly after the statement is made, sales of Aligatoraid decline. If Extreme Beverages of America, Inc sues Bert for disparagement, should it win? Why or why not?
 
  What will be an ideal response?

Question 2

In a defamation action, when does the actual malice requirement apply?
 
  What will be an ideal response?

[mcabuhat]

Answer to Question 1

The essential elements of the tort of disparagement may be met here. Bert made a false statement of fact. The statement was disparaging to Extreme Beverage's business. The statement was published to at least one other person (here it was broadcast over network television). Bert intended to make the statement, so intent was present. The only element that might be at issue was whether the statement caused special damages (meaning actual pecuniary harm) because general loss of business caused by the disparaging statement is not enough. Extreme Beverages could succeed if it can establish the element of special damages by showing measured decline in sales relating to the statement's airing.

Answer to Question 2

It applies when the plaintiff is a public figure and is suing a media defendant for defamation.

[panfilo]

Thank you!

[mcabuhat]

Always glad to help...