Jack sent me an email asking if it were true what people were saying about what John did to Bob. I replied and stated yes, I know for a fact that he "screwed Bob over". Jack in turn forwarded the email to John. Now John is threating to get me for libel or slander.
I know that slander is oral and he can not get me for that but what about libel? Does it matter that this was an private email and not published anywhere? Could Jack have changed the email before he forwarded it to John and therefore it is heresay and hard to prove? When I stated "screwed over" is that not my opinion of the situation? Are opinions libel? Please help. This John guy is serious and I thought I was just making an opinion on the matter. I never thought it would come to this nonsence.
2007-11-19 04:38:16 · 5 answers · asked by msjventi1 1 in Politics & Government ➔ Law & Ethics
The fact that you offered your statement to a 3rd party means that you did publish it in the eyes of the law, whether or not anyone else in the public reads the email. He could have changed the content of the email, and this would normally make it a hearssay problem, but the statement itself is a "legally operative utterance" meaning it will still be allowed in. The statement is not being offered for the truth of the matter asserted, but to show that you did in fact make the statement. The fact that your statement is an opinion is what will make John's case hard to win. As long as you are not asserting that John committed some criminal act in "screwing over" Bob, John will have to prove that he was in some way damaged in a monetary sense. If John can prove damage to his reputation or pocketbook (i.e. he gets passed over for a promotion and your email is the reason, a client leaves him, etc.), he may win.
Furthermore, truth is an absolute defense to libel/slander. Though your statement is an opinion, a jury could reasonably believe that John did in fact "screw over" Bob. In that case, John would not be able to sustain his claim.
The bottom line is that if John has not filed suit, you don't have much to worry about. He will have to find a lawyer willing to take the case, and no lawyer will touch it if there's not a significant amount of money involved. Most attorneys I know would only take this case on an hourly fee arrangement, meaning that unless John has lost a significant amount of money, it will be very costly for him to sue you on principle. If John did lose money, the lawyer might take it as a contingency fee, but John will most likely have a difficult time proving his damages.
2007-11-19 04:59:28 · answer #1 · answered by bestguessing 3 · 2⤊ 0⤋
Libel Email
2016-12-12 18:28:27 · answer #2 · answered by hausladen 4 · 0⤊ 0⤋
It depends on how accurate the statement is. The American Heritage Dictionary defines libel as "a false publication, as in writing, print, signs, or pictures, that damages a person's reputation". In my opinion the word "false" is the key here. It isn't libel if it's true. That may not stop John from attempting to sue you, but he needs to be aware that if the case goes to court and you're found not guilty because it's true, it will only call more attention to what John did to Bob. It could possibly even lead to criminal charges if what John did was illegal and it's proven in court, but that's only speculation; I'm not a lawyer and I don't know what John did.
2007-11-19 04:52:59 · answer #3 · answered by ConcernedCitizen 7 · 0⤊ 0⤋
The courts are so full as it is, I dought they are going to proceed with such a small thing anyway. Call a lawyer that will give you a free consult, and double check. Good Luck.
2016-03-13 23:57:32 · answer #4 · answered by Flor 4 · 0⤊ 0⤋
Hard to say if he would win or not. A lawyer could help you deal with the specifics of this situation.
2007-11-19 04:42:18 · answer #5 · answered by davidmi711 7 · 0⤊ 0⤋