What is the difference between libel and slander in terms of elements?
Libel and slander are both forms of defamation law in California. The key difference between the two is the type of communication used to convey the false statement. Libel refers to written communication, such as a newspaper article or book, while slander is used to describe spoken communication. In order for a statement to be considered libel or slander, it must meet certain elements. First, it must be a false statement. Second, it must be communicated to a third party, who must understand and comprehend the statement. Third, it must be damaging to the reputation of the person or entity it is being communicated about. In terms of the other elements, libel and slander have a few similarities and differences. For example, they both require the intent to cause harm. This means that if the speaker is not aware that the statement is false, they cannot be held liable for defamation. However, slander has a more specific element: the element of fault. This means that the speaker must have known or should have known that the statement was false at the time they made it. This fault is not required for libel lawsuits. In conclusion, libel and slander are both forms of defamation law in California. The key difference between the two is the type of communication used to convey the statement. To be considered libel or slander, the statement must be false and damaging to the reputation of the person or entity the communication is about. Libel does not require that the speaker be aware of the false nature of the statement, while slander does.
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