Tweet
Defamation- A publication of a defamatory, false statement of fact.
To be convicted of Defamation one needs four elements of proof.
1)Publication: statement to a third party (a person other than the subject of the statement). Example: Saying something in front of a class room of people.
2)Defamatory: Injury to the reputation of the subject.
3) false statement of fact: Not an opinion or prediction. (Floyd Sr gave an opinion on how a fighter cant come from a lower weight to dominate bigger fighters, after struggling with smaller fighters. That is an opinion not a statement of facts)
4)THrough the fault of the defendant: Of plantiff is a public figure must be intentional falsehood or actual malice, reckless.
intentional- know the statment is false (Mayweathers didnt know statement was false and still dont because Manny has never subjected himself to random testing.)Reckless- No basis to believe the statement is true.
Defenses:1)Conditional Priviledge: Statements made as a matter of the defendants business interest are not actionable....Boxing is a business and floyd was negotiating a fight, where he asked "If both parties would subject themselves to random testing" to carry on further business of the fight.
2) Truth: Statements by defendant must be false to be actionable. (Manny never submitted to testing to prove that he was clean.)3) Retraction: A defense to lessen damages only. (THere was never a retraction from floyd camp to show that they were lying on manny. THere wasnt a retraction because they never said anything factual just opinions.)
To be convicted of Defamation one needs four elements of proof.
1)Publication: statement to a third party (a person other than the subject of the statement). Example: Saying something in front of a class room of people.
2)Defamatory: Injury to the reputation of the subject.
3) false statement of fact: Not an opinion or prediction. (Floyd Sr gave an opinion on how a fighter cant come from a lower weight to dominate bigger fighters, after struggling with smaller fighters. That is an opinion not a statement of facts)
4)THrough the fault of the defendant: Of plantiff is a public figure must be intentional falsehood or actual malice, reckless.
intentional- know the statment is false (Mayweathers didnt know statement was false and still dont because Manny has never subjected himself to random testing.)Reckless- No basis to believe the statement is true.
Defenses:1)Conditional Priviledge: Statements made as a matter of the defendants business interest are not actionable....Boxing is a business and floyd was negotiating a fight, where he asked "If both parties would subject themselves to random testing" to carry on further business of the fight.
2) Truth: Statements by defendant must be false to be actionable. (Manny never submitted to testing to prove that he was clean.)3) Retraction: A defense to lessen damages only. (THere was never a retraction from floyd camp to show that they were lying on manny. THere wasnt a retraction because they never said anything factual just opinions.)
Comment