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CMA Foundation · Fundamentals of Business Laws and Business Communication · Legal Aspects of Business Communication

Anil tells Sunita privately, in a closed room with no one else present, that she is dishonest in her dealings. Sunita is upset, but no other person hears this. Which essential element of defamation is missing?

The missing element is publication to a third person. Defamation protects reputation in the eyes of others, so a statement heard only by the person it concerns, however hurtful, is not defamatory. Writing is not required for slander.

  1. AThe statement must be false
  2. BPublication to a third personCorrect
  3. CThe statement must be in writing
  4. DThe statement must refer to the plaintiff

Explanation

Defamation requires that the statement be communicated to someone other than the person defamed. Since only Sunita heard it, there is no publication, though the statement referred to her. Defamation concerns harm to reputation in the eyes of others, not hurt feelings, and slander needs no writing.

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