Hey guess what I'm studying right now

[windandwater]

DEFAMATION -- The prima facie case: A defamatory statement about the plaintiff with publication thereof. Two forms; Libel (written) and Slander (spoken).

* Libel/Slander Per Se = reputational damages presumed without proof of special damages
--> Accusation of a crime
--> Loathsome disease
--> Lack of qualification in business
--> Sexual unchastity of women

* Libel/Slander Per Quod = Plaintiff must prove special damages and pecuniary damages


AND TO HELP ME REMEMBER I WILL NOW COMMIT DEFAMATION IN THE FORM OF LIBEL PER SE AGAINST MYSELF. ♥


roleplay


What's YOUR sexual fetish?
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=_______=;;

Comments

False Imprisonment! ZOMG!

[chronolith.livejournal.com]

bondage


What's YOUR sexual fetish?
brought to you by Quizilla

Oh wait, consent is a complete defense against that, isn't it? Darn.

Are you having hysterics yet? I'm having hysterics

Re: False Imprisonment! ZOMG!

[windandwater.livejournal.com]

Consent is a complete defense, but false imprisonment can last for any length of time, no matter how short. So maybe if you change your mind in the middle, it counts? Would that be in the scope of foreseeability, that the person you contracted to have S&M sexual relations with would later not complete the task to your satisfaction? Is contracting for consentual sexual services even allowed in your jurisdiction?

... dammit, I hate crossover questions.

It's not hysterics time yet. I'm at the "can't sleep trusts will eat me" stage.

[iniq.livejournal.com]

*shouts* Hey, remember when you asked me about genital warts treatment? Well, I asked that doctor friend and he told me you have NOTHING to fear!


/libel

[windandwater.livejournal.com]

... YOU BITCH WHO HAVE YOU BEEN CHEATING WITH BEHIND MY BACK?!

/libel per se

[windsorblue.livejournal.com]

...so, an accusation of sexual unchastity is libelous/slanderous when it's made against a woman, but not when made against a man? Go, gender equality.

^^;; Sorry - didn't mean to get my bitter all over your journal.

[windandwater.livejournal.com]

Heh, these are pretty old common laws from England, way back when. Most of them are outdated. At least, I know that sexual unchastity one is. XD;;

*sweeps up bitter* Want this back?

[windsorblue.livejournal.com]

Well, sure, unless you need some - I seem to have plenty to go around. -_-;;;

[windandwater.livejournal.com]

I think I've got enough. It goes well with emo. :P