So, here's the situation: A soon-to-be bride is committed to a certain caterer but somehow things go sour and the catarer backs out nine days before the wedding. The bride calls other local caterers only find out that her original caterer has already spoken to them of her "hard-to-work with behavior" and thus, they refuse her service.
My question: does the oringal caterer have the constitutional right to do this? I understand the freedom of speech but wouldn't this be considered slander?
2007-07-08 14:26:34 · 10 answers · asked by Sarah 1 in Politics & Government ➔ Law & Ethics
"Hard to work with" is clearly an opinion, not a statement of fact. Opinions are generally protected by the first amendment.
Things must have gone extremely sour for caterer to take the extraordinary step of warning the competition. Bridezilla is well advised to cool it, and call some out of town caterers. It will cost more, but at least they'll eat.
2007-07-08 14:32:37 · answer #1 · answered by raichasays 7 · 1⤊ 0⤋
A valid, affirmative defense to slander is truth.
Was the bride to be really difficult to work with? Why did things go sour? Are there other caterers out of the area that can be used?
You may have grounds to sue for defamatin, but you must overcome truth as an affirmative defense, as well as proving damages.
Otherwise, just hire someone else and forget about the matter.
2007-07-08 14:32:13 · answer #2 · answered by MenifeeManiac 7 · 2⤊ 0⤋
If the statement that the caterer made is untrue, then it could be considered slander. Did the caterer say "it is my opinion that," or something similar where he/she was just relating their opinion. If that is the case then it is not slander. If they said something like "she is difficult," then that might be slander. I am really unsure if that could be slander either, because "hard-to-work with behavior" is, in and of itself an opinion, so I do not think it would be provable that the caterer committed slander.
2007-07-08 14:36:02 · answer #3 · answered by greencoke 5 · 0⤊ 0⤋
In order for it to be slander it needs to be of a factual nature. Capable of being true or false. And in fact false.
"Hard to work with" is an opinion. If the caterer said she has changed the menu 23 times in 60 days when in fact she changed the menu twice, that would be slander because it is a factual allegation.
2007-07-08 14:36:10 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Freedom of speech isn't the issue. Freedom of speech refers to the right to criticize politicians, to publish unflattering articles about government, that sort of thing.
You could, in fact claim to have been slandered, provided you want to pay a lawyer and drag the first caterer into court.
Your attorney will ask you--
Did the caterer lie about you, or simply relate his true experiences with changing demands and unreasonable expectations?
Have you been "harmed"? Did you lose money or standing in your community??
If you sue and win, what do you expect to recover? Will it even cover the attorney fees?
Learn from your mistakes. Offer to pay double, and then let the caterer do his job and stay the heck out of his way while he does it.
2007-07-08 14:37:10 · answer #5 · answered by chocolahoma 7 · 0⤊ 0⤋
No more than if the bride had told friends not to use a certain ctaerer because of poor service.
Moral of the story....You can only push people so far befor they push back...and it sounds like the caterer was pushed to far
2007-07-08 14:36:58 · answer #6 · answered by Anonymous · 0⤊ 0⤋
I don't believe this is a Constitutional issue. The Constitution doesn't really address wedding receptions and caterers.
2007-07-08 16:25:25 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Not slander or anything of a liable nature. H e has his opinion & he was just passing it on............................ Tell her to grow up.
2007-07-08 14:34:14 · answer #8 · answered by Job1000 4 · 1⤊ 0⤋
its not slander if they speak the truth about her
2007-07-08 14:33:10 · answer #9 · answered by plhudson01 6 · 1⤊ 0⤋
It's not slander.
2007-07-08 14:41:34 · answer #10 · answered by Anonymous · 0⤊ 0⤋