need legal advice about "slander"
 

what constitutes slander?
if i spread the word (facts) in a public manner (boating websites) about a certain marine business that screwed me over can i be sued for slander?
the business that screwed me over doesnt have a leg to stand on. i have proof of my acusations backed up with emails and a timeline of events.

Re: need legal advice about "slander"
 

Slander or defamation?

I'm pretty sure that truth is a strong defense for both.

Re: need legal advice about "slander"
 

Defamation would be more of an attack using falsehoods by you to a third party, whereas slander would be you saying false bad things in general.

But if it's the truth...... you are ok.

Re: need legal advice about "slander"
 

I say just kick the pricks azz, and shut him up that way

Re: need legal advice about "slander"
 

Sounds to me like they have accused you a defamation, because your actions could be construed as a campaign against them.

Idle threats if you are speaking the truth.

However.... you can't go wrong taking the high road.

Re: need legal advice about "slander"
 

get your big hammer out and put it down

Re: need legal advice about "slander"
 

That would be battery.... at the least.

Re: need legal advice about "slander"
 

Felonious assault.
Maybe even with deadly weapon.

Re: need legal advice about "slander"
 

ok maybe you can just biotch slap him then

Re: need legal advice about "slander"
 

You (or whomever you are talking about) must prove that your actions and/or words have cost them money. Here's the hard part, they would have to have someone "testify" that they were going to do business with this person, but decided not to because of something you said or did. That's why slander/defamation cases rarely get anywhere.

Re: need legal advice about "slander"
 

Was it the guys who sold the boat that you had a deposit on to Jamacan drug dealers because they offered more $$$???

Re: need legal advice about "slander"
 

Slander is a sub-category of the legal principle of defamation. Another, well known, subcategory is libel. Slander involves oral statements and libel involves written statements. If you are publishing your statements on the web, you are entering into the arena of libel. As Fund Razor notes, however, truth is an absolute defense to a suit for defamation.

Re: need legal advice about "slander"
 

Yeah... and they have to prove that your claim was false, too.
Not just injurious to them.... injurious to them and FALSE.

Re: need legal advice about "slander"
 

Ok, a real lawyer showed up.

I'll take my comedy/law show on the road.

Good luck.

Re: need legal advice about "slander"
 

spill it steve... who screwed you?

Re: need legal advice about "slander"
 

As I understand it, postings on a public website cannot be held against you... am I wrong? Or was it just that the SITE could not be held accountable??

Re: need legal advice about "slander"
 

The site is held harmless.

If you post false information that injures a party they can possibly collect damages against the poster. The posting would be libel, as Kevin pointed out.

Ok, less law more comedy. Go read the 1/4 gas tank thread.
Very very funny.

Re: need legal advice about "slander"
 

thankyou!

im going to leave names out for the time being so maybe the situation can be resolved in a civil manner.

i bought a boat 1 year ago this week 1800+ miles away. even though this business had several months to get everything ready for me to take back home a few things were missing when i arrived. 2 trim rings , cockpit carpet and most importantly reciepts for machine work (motors where freshened) a few weeks before i picked the boat up.

i was assured at the time that all items missing would be shipped to me.

after hundreds of phone calls and emails and after waiting a full year i decided to ask some of his contacts how to motivate this guy to send me what i had paid for a year earlyer.

i had all the email adresses in his contact list because he sent all of us a "change of email notice".

i used it to reply to everyone on the list my situation and asked for help.


heres what i sent out to everyone

" > HELP!
> > Maybe someone on this list can help me. Its been a
> full year since i
> bought
> > a used boat from (_______). I drove 1800 miles
> from Missouri to
> > California to close the deal and bring the boat
> home. I was supposed to
> get
> > a list of all items repaired/replaced with the
> boat along with some blue
> > trim rings , cockpit carpet , and machine shop
> receipts (motors where
> > freshened). For the past year Ive
> called and emailed him at
> > least 100 times to no avail. Ive even tryed
> begging!! Lately Ive changed
> my
> > strategy to *****ing since nothing else has
> worked. That didnt work either
> > :( Some of you might be thinking , "whats the big
> deal , trim rings dont
> > cost much , just buy them yourself" I DID. The
> cockpit carpet is a
> different
> > matter. Its not cheap. The one thing thats most
> important to me is the
> list
> > of items repaired/replaced and the machine work
> reciepts. Im sure alot of
> > the people on this email list own their own boat
> and are as anal about it
> as
> > I am mine. Knowing whats been done to it as far as
> repairs is extremely
> > valuable to me. Plus , if and when i decide to
> sell , any prospective
> buyer
> > will want to know whats been done to the boat. Not
> having proof of machine
> > work will drastictly reduce resale value of any
> boat , especially one
> thats
> > 12 years old.
> >
> > I just dont understand how (______) can do business
> this way. I have nothing
> > against him personally , in fact i think he's a
> great guy and very
> > knowledgable. My fault was NOT holding final
> payment until i recieved
> > everything he promised but when you buy a boat
> several hundred miles away
> > you have to gamble a little and trust the seller.
> > MY MISTAKE!!
> >
> > so , if any of you know a way to motivate (______) ,
> please let me know!!!!!!


his reply. keep in mind its been a full year of waiting :mad:

You have just blew it. The next e-mail you will
> get will be a Picture of
> the
> > box of parts including the carpet and some other
> free stuff I was going to
> > give you On fire. Oh by the way, The paper work in
> in that fire as well.
> An
> > e-mail will be written to all the people that you
> took off my e-mail list
> > for damage control and I may sue you for Slander
> ect.

Re: need legal advice about "slander"
 

Send his reply to you to all the people on his list.
It is his own words, not yours. No way he can sue you.

Screw him.

What a jerk.
Makes a guy kind of willing to do the time for battery, I'll bet.

Re: need legal advice about "slander"
 

Geez Steve, sounds like this guy is a real prick. Maybe call the sherrif that is local to him? Attorny general where he lives?? I don't know what else to say other than that.

Re: need legal advice about "slander"
 

Oh, and if he really does send you that "fire" email, post it here for us, would ya?

Re: need legal advice about "slander"
 

Hey.... wait a minute.....

did that guy threaten ARSON?

Across state lines?

Oh.... this is an ATF case if I ever heard one.

Re: need legal advice about "slander"
 

Screw him!!! Take this public!!! and include his name!!!

What a prick!!!

Re: need legal advice about "slander"
 

What's even funnier, he admitted to owing the items in his email. So libel/slander appears out of the question. He showed how he treats his customer.

Send a reply indicating that you will be happy to forward his reply to that entire list unless he plans to send you the items he indicated he owes you. Provide a deadline for his response. Be careful, my comment above could be construed as extortion. Check with the attorneys first.

Re: need legal advice about "slander"
 

Steve -

What kind of boat are we talking about here? If it's a 25K boat and you are missing the stuff, you may be better telling everyone this guy's name and moving on. If we are talking about a big purchase and very expensive stuff it may be another story. I always feel that if someone owes me money I want it to be lots of money. Don't owe me 5 or 10K. It costs more to get that back then it's worth. My .02

Just evaluate the cost of chasing the problem.

Re: need legal advice about "slander"
 

What a yagoff. :mad: :mad: :mad: :mad:

Re: need legal advice about "slander"
 

can I borrow $10k? :drink:

Re: need legal advice about "slander"
 

I don't believe you did anything to detract from his credibility, you sent some facts that he acknowledged were true, and then threaten to renege on your deal.

Re: need legal advice about "slander"
 

You can have whatever you need Packin. How about 20? Then it will be worth trying to collect.

Re: need legal advice about "slander"
 

Hey Bill,

Send me 19,999.00 and write me off. :D

Re: need legal advice about "slander"
 

Fund--

Your 1/4 tank post is freakkin funny!!!!!!!!!!!

Re: need legal advice about "slander"
 

I would reply to his response letting him know that in 7 days you will have the missing items in good working order, or you will forward his response to the same mailing list used originally. Passing along the facts (his written words) should not constitute libel or slander.
I'm sure some west coasters here would like to know who they need to avoid also!!!!
If he still screws you at least get some payback payments in for your troubles!!!

Re: need legal advice about "slander"
 

i dont wish this guy any ill will even after his "im going to burn everything" comment. everyone loses their temper once in awhile and regret what they say.
i just want whats OWED to me.
what really bothers me is , it would have taken very little effort on his part to ship my stuff to me. he's had it for months!!!

Re: need legal advice about "slander"
 

Had it for months? How about a YEAR!! Send Devilman to collect it!!! Norty can drive the get away Mercedes.

Re: need legal advice about "slander"
 

some of the names on the list are some very heavy hitters in the offshore community including Reeds favorite guy :p

Re: need legal advice about "slander"
 

To be honest.... I have some stuff that I told a guy in Canada that bought my boat I would send to him. But it's stuff I found after the sale, things that he didn't know I had, and were NOT part of the sale. I just figured he could use them more than I, so a couple months ago I told him what I had.

He probably thinks I am a jerk. But I have been busy, and still intend to ship him his box of 1979 wellcraft crap before the season gets going.

Re: need legal advice about "slander"
 

Getting involved wit the courts and lawyers (aka shysters) is a recipe for financial ruin. They have so much control that can even sue you if you file a complaint with the Bar association--and try to find a lawyer that will admit that another lawyer committed malpractice--forget finding one that will sue another lawyer.

Just tell the story and "git 'r done"--you'll waste years and get NOTHING in return from courts or legal action.

Re: need legal advice about "slander"
 

Threatening not to take criminal action in exchange for payment (even if it is already owed to you) would in fact be against the law. Be careful.

Re: need legal advice about "slander"
 

Damn. Which lawyer took a dump in your Wheaties this morning?

Re: need legal advice about "slander"
 

Typical..... What is it with the jack asses out on the left coast that live beond thier means, screw people then think it is our responsibility to let it slide when they screw us?

Jon