Sportcarmotion Ripped Me Off
10-02-2003, 09:51 PM
#51
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Originally Posted by vosko' date='Oct 1 2003, 09:43 PM
himni can you READ??? i said i am glad to see it is GOING TO BE WORKED OUT. if you want i can try and make things more understandable ????? i have no idea. you need to read maybe an extra time or two or three before you post ?
10-03-2003, 04:01 AM
#52
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Originally Posted by mazdadrifter' date='Oct 2 2003, 09:30 AM
I thought slander cases are only brought when the supposed incodent was untrue.
It sounds to me like himni is trying to get things worked out, and I hope it is, but I have been stiffed before (not by loi), and the only thing that kept me from driving 1000 miles to the guys house and kicking him in the nuts was the lack of an address.
I'm puzzled how it would be considered slander to post your experiences with a company.
So no case could be brought against Himni for what he has said.
It sounds to me like himni is trying to get things worked out, and I hope it is, but I have been stiffed before (not by loi), and the only thing that kept me from driving 1000 miles to the guys house and kicking him in the nuts was the lack of an address.
I'm puzzled how it would be considered slander to post your experiences with a company.
SLANDER: Slander is a spoken defamation.
CAN I SUE SOMEONE WHO SAYS OR WRITES SOMETHING DEFAMATORY ABOUT ME?
In order to prove defamation, you have to be able to prove that what was said or written about you was false. If the information is true, or if you consented to publication of the material, you will not have a case. However, you may bring an defamatory action if the comments are so reprehensible and false that they effect your reputation in the community or cast aspersions on you.
CAN I SUE SOMEONE WHO SAYS OR WRITES SOMETHING DEFAMATORY ABOUT ME?
In order to prove defamation, you have to be able to prove that what was said or written about you was false. If the information is true, or if you consented to publication of the material, you will not have a case. However, you may bring an defamatory action if the comments are so reprehensible and false that they effect your reputation in the community or cast aspersions on you.
So no case could be brought against Himni for what he has said.
Doesn't matter if it's the truth or not, most states require 1. The company is notified and 2. That they are given time to fix the problem before you can make things public. After that time period you can still write what you want about them, but most people will chose not to since the problem is usually taken car of. It doesn't matter if the company was completely wrong or not and if you are telling the complete truth or not. You still have to wait and give them time before you can run out and start yelling to the public. There are special laws that protect companies and businesses and the economy. These differ greatly from an attack on an individual person. The stuff Hemini looked up is not what I'm talking about.
10-03-2003, 04:27 AM
#53
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Originally Posted by Digisan' date='Oct 2 2003, 03:30 PM
A comment on defamation and slander: If he's telling the truth then it's not defamation or slander. I'm not taking his side, just letting you know that he can post whatever he wants as long as it's true.
D-san
D-san
10-03-2003, 12:34 PM
#54
omghi2u
Join Date: Mar 2002
Location: Los Angeles, CA
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would be nice to change your sig when it does get resolved.
10-03-2003, 01:01 PM
#55
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i can change it for him if i really wanted of course
10-03-2003, 03:05 PM
#56
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Originally Posted by Dragon' date='Oct 3 2003, 01:01 AM
[quote name='mazdadrifter' date='Oct 2 2003, 09:30 AM'] I thought slander cases are only brought when the supposed incodent was untrue.
It sounds to me like himni is trying to get things worked out, and I hope it is, but I have been stiffed before (not by loi), and the only thing that kept me from driving 1000 miles to the guys house and kicking him in the nuts was the lack of an address.
I'm puzzled how it would be considered slander to post your experiences with a company.
So no case could be brought against Himni for what he has said.
It sounds to me like himni is trying to get things worked out, and I hope it is, but I have been stiffed before (not by loi), and the only thing that kept me from driving 1000 miles to the guys house and kicking him in the nuts was the lack of an address.
I'm puzzled how it would be considered slander to post your experiences with a company.
SLANDER: Slander is a spoken defamation.
CAN I SUE SOMEONE WHO SAYS OR WRITES SOMETHING DEFAMATORY ABOUT ME?
In order to prove defamation, you have to be able to prove that what was said or written about you was false. If the information is true, or if you consented to publication of the material, you will not have a case. However, you may bring an defamatory action if the comments are so reprehensible and false that they effect your reputation in the community or cast aspersions on you.
CAN I SUE SOMEONE WHO SAYS OR WRITES SOMETHING DEFAMATORY ABOUT ME?
In order to prove defamation, you have to be able to prove that what was said or written about you was false. If the information is true, or if you consented to publication of the material, you will not have a case. However, you may bring an defamatory action if the comments are so reprehensible and false that they effect your reputation in the community or cast aspersions on you.
So no case could be brought against Himni for what he has said.
Doesn't matter if it's the truth or not, most states require 1. The company is notified and 2. That they are given time to fix the problem before you can make things public. After that time period you can still write what you want about them, but most people will chose not to since the problem is usually taken car of. It doesn't matter if the company was completely wrong or not and if you are telling the complete truth or not. You still have to wait and give them time before you can run out and start yelling to the public. There are special laws that protect companies and businesses and the economy. These differ greatly from an attack on an individual person. The stuff Hemini looked up is not what I'm talking about. [/quote]
BLAH!
10-03-2003, 03:06 PM
#57
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Originally Posted by Dragon' date='Oct 3 2003, 01:27 AM
[quote name='Digisan' date='Oct 2 2003, 03:30 PM'] A comment on defamation and slander: If he's telling the truth then it's not defamation or slander. I'm not taking his side, just letting you know that he can post whatever he wants as long as it's true.
D-san
D-san
and.......Blah!
10-03-2003, 03:09 PM
#58
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Originally Posted by Turbo II' date='Oct 3 2003, 09:34 AM
would be nice to change your sig when it does get resolved.
10-03-2003, 03:15 PM
#59
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Originally Posted by vosko' date='Oct 3 2003, 10:01 AM
i can change it for him if i really wanted of course
10-12-2003, 08:57 PM
#60
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Location: Alexandria, VA
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Originally Posted by Dragon' date='Oct 3 2003, 03:27 AM
[quote name='Digisan' date='Oct 2 2003, 03:30 PM'] A comment on defamation and slander: If he's telling the truth then it's not defamation or slander. I'm not taking his side, just letting you know that he can post whatever he wants as long as it's true.
D-san
D-san
http://en.wikipedia.org/wiki/Libel#American_law
I don't think so, words aren't redefined to suit different situations:
"Laws regulating slander and libel in the United States began to develop even before the American Revolution. In one of the most famous cases, New York publisher John Peter Zenger was imprisoned in 1734 for printing attacks on the governor of the colony. Zenger won his case by establishing that the truth is an absolute defense against libel charges. Previous English defamation law had not provided this guarantee.
Zenger's case also established that libel cases, though they were civil rather than criminal cases, could be heard by a jury, which would have the authority to rule on the allegations and to set the amount of monetary damages awarded.
Although the First Amendment of the U.S. Constitution was designed specifically to protect freedom of the press, the Supreme Court long neglected to use it to rule on libel cases, leaving libel laws mixed across the states. In 1964, however, the court issued an opinion in New York Times Co. v. Sullivan, dramatically changing the nature of libel law in the United States. In that case, the court determined that public officials could only win a suit for libel if they could demonstrate "actual malice" on the part of reporters or publishers. In that case, "actual malice" was defined as "knowledge that the [information] was false" or that it was published "with reckless disregard of whether it was false or not." This decision was later extended to cover "public figures", although the standard is still considerably lower in the case of private individuals.
In 1974, in Gertz v. Robert Welch, Inc., the Supreme Court ruled that a plaintiff could not win a libel suit when the statement(s) in question were of opinion rather than fact. In the words of the court, "under the First Amendment, there is no such thing as a false idea". For example, contrast "I think Jo is a bad lawyer", which is opinion, with "Jo doesn't know the law," which is defamatory per se."
Hope that helps
D-san