How is a false written statement defined in defamation law?

Prepare for the BPA Business Law and Ethics Test with engaging flashcards and multiple choice questions. Each question comes with explanations to enhance understanding. Succeed in your exam confidently!

A false written statement in defamation law is defined as libel. This legal term refers specifically to written or published statements that are false and damaging to a person's reputation. Libel differs from slander, which pertains to defamatory statements made in spoken form.

In a defamation case, the burden of proof generally lies with the plaintiff, who must demonstrate that the statement was untrue, harmful to their reputation, and made with the requisite degree of fault—often recklessness or negligence regarding the truth of the statement. This distinction between libel (written) and slander (spoken) is critical, as it affects how defamation cases are approached and litigated in court.

Other terms mentioned, such as malpractice and fraud, pertain to different legal concepts. Malpractice usually refers to professional negligence, where a professional fails to perform their duties to an acceptable standard, leading to harm. Fraud involves deception intended to secure unfair or unlawful gain, which does not specifically relate to the defamation context. Thus, focusing on libel as the definition for a false written statement clarifies its role within defamation law.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy