What Is Defamation 'Per Se'?

4134 views • Jul 26, 2017

Defamation "per se" is a defamatory statement made about the plaintiff where damages are implied as a matter of law. Using the statement would be about the plaintiff saying that the plaintiff is a criminal, suffers from diseases, engages in unfair business practices or is some sort of a sexual misfeasant and/or malfeasant. In these types of situations, they law implies damages, so what normally would be the most difficult part of the defamation case, which is damages is now implied as a matter of law and it becomes a presumption of negligent defamation. So the person who said one of those four negative things will be implied to cause damages against the plaintiff.

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