Personal Economic Injury
Defamation (Slander and Libel)
Defamation is a cause of action in personal injury otherwise known as tort law that protects a person's reputation against false statements made to others (i.e. published) either in writing or orally. Generally, if a statement implies defamatory facts as the basis of an opinion, then the statement may be actionable e.g. relating that someone is incompetent at their job.
Examples of defamatory statements include:
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Statements that reflect negatively on a person's integrity, morality, or character.
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A communication that exposes a plaintiff to hatred.
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A communication that impairs the plaintiff’s financial well-being.
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Statements that suggest that a person was involved in a serious crime.
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Statements that suggest that a person has a mental or physical defect that would discourage others from associating with him or her.
Tortious Interference
Tortious interference is a cause of action wherein one party unlawfully interferes with the contract or business relationship of another party, including a list of the necessary elements and how damages are calculated. The elements include:
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A valid contract or economic expectancy between the plaintiff and a third person;
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Knowledge of the contract or expectancy by the defendant;
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Intent by the defendant to interfere with the contract or expectancy;
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Actual interference;
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The interference is improper; and
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The plaintiff suffers damage.
Theft of Trade Secrets
Theft of trade secrets is a cause of action involving the theft of proprietary information that companies typically seek to protect.
Fraudulent Misrepresentation
Fraudulent misrepresentation is a cause of action in the context of business transactions, in which one party either falsely or recklessly misrepresents its position in a contract, causing injury to another party or parties. The elements include:
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A representation was made (in contract law, a representation is any action or conduct that can be turned into a statement of fact).
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The representation was false.
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The representation, when made, was either known to be false or made recklessly without knowledge of its truth.
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The representation was made with the intention that the other party rely on it.
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The other party did, in fact, rely on the representation.
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The other party suffered damages as a result of relying on the representation.
Restraint of Trade
The common law doctrine of restraint of trade is a cause of action which refers to any unlawful act that hinders another party from conducting business as it normally would without the hindrance.
Trade Libel
Trade libel is a cause of action, which is a form of defamation unique to business organizations in which a company suffers financial loss from the publication of untrue statements. The elements include:
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A defendant made a false statement about the quality of the plaintiff's products or services;
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The statement was published; and
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The plaintiff suffered monetary loss or harm as a result of the statement.
Commercial Disparagement
The business tort of commercial disparagement is a cause of action which is a form of defamation applicable to business organizations, in which a false and damaging statement about a business is published. The elements include:
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The false statement is published;
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With the intent, or reasonable belief, that the statement will cause financial loss for the business;
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There is in fact a financial loss for the business; and
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The defendant makes the statement knowing that it's false or with reckless disregard of whether the statement is true or false.