Richard is an employee of the Dun Construction Corp. While delivering materials

Question

Richard is an employee of the Dun Construction Corp. While delivering materials to a construction site, he carelessly backs Dun’s truck into a passenger vehicle driven by Green. This is Richard’s second accident in six months. When the company owner, Dun, learns of this latest accident, a heated discussion ensues, and Dun fires Richard. Dun is so angry that he immediately writes a letter to the union of which Richard is a member and to all other construction companies in the community, stating that Richard is the “worst driver in the city” and that “anyone who hires him is asking for legal liability.” Richard files a suit against Dun, alleging libel on the basis of the statements made in the letters. Discuss the results. (See Intentional Torts against Persons.)

Explanation / Answer

ANSWER:

Libel is a false statement as it injures the reputation and for a plaintiff to prevail in a lawsuit based on a libel it is necessary to prove 2 things:

1. damages

2. the statement made against richard is false that he is the worst driver in the city and secondly that hiring richard is asking for legal liability.

so the task on hand is to prove the injury and that can be done via 2 ways:

1. if richard can prove that he prove that he was turned down in a job then will prevail.

2. if richard proves that there was an emotional distress caused by the statement.

so in these 2 ways richard can prevail in the suit filed by him against dun.

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