Full question:
If an employee of a school district of which you are the general contractor makes his brags to various subcontractors that he plans to break you, is this a violation of any laws and if so what can he be charged for in a suit?
- Category: Criminal
- Date:
- State: South Carolina
Answer:
The answer depends on what is meant by the term "break" and the facts and circumstances involved. Interference with business relationships may be an unfair trade practice regulated by state law. Interference with contract is a tort which is proven by the following:
-A contract between the plaintiff and a third party at the time of the claimed interference.
-Defendant knew of the contract at that time.
-Defendant intentionally interfered with the contract.
-Defendant improperly interfered with the contract.
-Defendant’s conduct caused the breaching party to breach the contract.
-Plaintiff was damaged as a result of defendant’s conduct.
Slander is a type of defamation, a false statement communicated to another person that damages another’s reputation by exposing them to disrespect or ridicule from other people. In order to constitute defamation, the communication must be false. If the speaker knew or should have known the information was false and repeated it to another, resulting in harm to the person spoken about, it may be defamation.
The basic elements of a claim of slander include;
1. a defamatory statement;
2. published to third parties;
3. which the speaker or publisher knew or should have known was false; and
4. that caused the plaintiff injury as a result of the statement
Unlike libel, unless the slander is defamatory per se (on its face), damages caused by slander must be proven by the plaintiff. Damages for slander may be limited to actual damages unless there is malicious intent. It does not have to be proven that actual harm to your reputation occurred to collect damages for slander if it is defamatory per se, such as:
* The communication affects your business, trade or profession (loss of business, discharge, demotion, etc.),
* Implies you committed a crime,
* Leads on that you have a loathsome disease,
* Or suggests that you are somehow sexually impure.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
