3.11-5 Slander Per Se
Revised to January 1, 2008
The plaintiff in this case
is seeking to recover damages for slander. Slander is oral
defamation of character. Slander is the speaking of defamatory words
which injure the reputation of the person defamed or which deter
people from associating with or dealing with the person defamed.
In most cases, a plaintiff
must prove actual injury to (his/her) reputation in order to recover
in an action for slander. Actual injury must be proven unless the
slander occurred in one of the categories called slander per se. If
a statement is slanderous per se, a person is entitled to recover
for general damages to (his/her) reputation without having to prove
that actual damage was caused by the statements. This is because
the law conclusively presumes that these statements cause injury to
a person's reputation.
In this case, the
plaintiff claims that <insert allegations>.
If you find that the
plaintiff has proven, by a preponderance of the evidence, that the
defendant made the statement to a third person, which identified the
plaintiff, such that it would be reasonably understood that it was
about the plaintiff, then this would be slander per se because <insert
statement falsely charges someone with having committed a crime that
involves moral turpitude or for which an infamous penalty is
statement falsely charges someone with having a loathsome or
statement falsely charges a woman with being unchaste.
statement falsely charges someone with incompetence or dishonesty in
statement falsely charges a professional person with general
statement falsely charges a person with conduct or characteristics
that would adversely affect (him/her) in (his/her) trade or