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A person of average intelligence and education, capable of understanding, and functioning within the society in which the alleged defamation occurred.

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16y ago

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Related Questions

Why does an 'ordinary reasonable person' need to be part of the test for defamation?

A reasonable person's opinion deserves consideration in a court of law, but a lunatic's does not.


Is defamation of character considered a felony offense?

Defamation of character is typically considered a civil offense, not a felony offense. It involves making false statements that harm a person's reputation. Penalties may include monetary damages awarded in a civil lawsuit.


Can gossiping be a tort?

Yes, spreading harmful and false information about someone can be considered defamation, which is a type of tort. If the gossip damages the person's reputation or causes them harm, they may have legal grounds to sue for defamation.


Define a reasonable person standards?

Whatever the jury considers reasonable for a person of ordinary care (in the jurisdiction) to have done (or not done) under similar circumstances. If everyone here'bouts knows something oughta be done, then it's the reasonable person standard, even if nobody elsewheres would do it that way.


What is a Reasonable and prudent person?

A prudent person is considered to be one who is discreet or discerning to a great degree. A reasonable prudent person would then be one who does not go overboard with their prudence to the point of snobbishness, for example.


What is a False SPEECH intended to damage a person's reputation?

A false speech intended to damage a person's reputation is called defamation. Defamation can be in the form of slander (spoken defamation) or libel (written defamation). It involves making false statements about someone that harm their reputation.


Can you sue for defamation if the statement made about you is true?

No, you cannot sue for defamation if the statement made about you is true. Defamation involves false statements that harm a person's reputation.


Is written defamation of another person?

Libel.


What is speech that wrongfully damages a person's reputation called?

Defamation is speech that wrongfully damages a person's reputation. It includes both slander, which is spoken defamation, and libel, which is written defamation. To prove defamation, the statement must be false, harmful to the person's reputation, and communicated to a third party.


What is the difference between defamation and defamation per se?

Defamation is when someone makes false statements that harm a person's reputation. Defamation per se is when the false statements are so damaging that harm is assumed without needing to prove it.


What is the legal purpose for allowing a person to sue for defamation of character?

defamation constitutes damage that requires due process if law


Who is the defendant in the defamation suit?

The defendant in the defamation suit is the person being accused of making false and harmful statements about someone else.