Defamation....Might Back fire on Manny Pacquiao
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The mayweathers wont be able to defend their verbal diahorea. The fact that you have verbal diahorea, and that you dont think before you speak isnt a valid excuse thats acceptable in court. They have said so much rubbish. Even before Pac declined OSDT they made it known they thought he was on PEDs the way he was beating people. They put the idea in peoples heads.Last edited by hugh grant; 03-30-2011, 06:42 PM.Comment
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Ooops their goes Manny's lawsuit, thanks for educating the average tard, Mayweather still undefeated in a court of lawDefamation- 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.)Comment
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All very nice.....and perfectly true, as I recall it from my early days. But what everyone, I mean EVERYONE is missing here is that the news report said that Manny P was asking for "IN EXCESS" of $5 million, it didn't say HOW MUCH in excess.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.)
AND....even more important, dont forget chafewr, Oscar and Golden Balls are all co-defendants, AND when ind IF, ANY award is given either in excess or less than $5 million, there will also be the most IMPORTANT part....the consequential damages, which are often unspecified in figures, but are left to the Judge or Jury (if it's a Jury trial) to calculate and award.
For a WORLD-WIDE, internationally known and famous figure like Congressman and World Chambion boxer Manny P. whose earnings yearly, with endorsements and purse, and PPV money must be at least $50-75 mill or more (I'm guessing of course) an award could run to $100, million easily.
Then there's be an appeal, and it would go on and on for years and the lawyers would make fortunes, especially Mayweather's and Oscar's lawyers who would be not the same company because of "perceived conflict of interest etc", and
That's the way it goes. They'd eventually settle out of court, I think.Comment
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This guy has the VIVIDEST knowledge of the law.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.)Comment
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I've been studying law for the last two years so i know a little something when it comes to it. Arum has also stated that Manny Pacquiao is a sensitive person. Thus, a reasonable person like me or you will see that a normal person wouldnt find a test request as damaging..Comment
Dude it's not like google is rocket science.
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