Legal Question in Business Law in California

Re: Libel for Email to one Individual?

look put aside all the good legal advice my felllow attorneys just gave you or will give you --- just keep your mouth closed whether it by speaking or especially in writing -- your opinions in front of a jury can come back to haunt you, even it not actionable very expensive in $ as well as emotions and lastly -- never say anything that is not something you know and can prove in a court of law as absolutly, absolutily true!!!!! i have prosecuted and defended both sides and i am the only one who won

Re: Libel for Email to one Individual?

It depends how the e-mail was phrased. Opinion does not subject the writer to liability for libel. Is the person who asked your opinion still your friend?

Re: Libel for Email to one Individual?

I must mildly disagree with the previous answer, which seems to be based on the maxim that truth is always a defense to a charge of defamation.

For example, if you say, "I think Joe Doakes is a wife beater" and you really thought that, what you said is true, but truthfully believing a fact does not make the fact itself true, and it's truth of the ultimate fact and not sincerity of your belief in its truth that provides the defense. So, I'd say that you are at some risk.

However, before you panic, consider that you may have another defense, that of "conditional privilege." This means, for example, that when businessperson X is asked by Y about the wisdom of Y doing a deal with Z, X can give his frank opinions about Z to Y without fear of liability for libel so long as (a) X's comments aren't made with malicious intent, and (b) Y has a bona fide reason or need to have opinions about Z for genuine business purposes.

Further, for many kinds of libel, the supposed victim must show actual damage, not just the fact of libel. Whether actual damage must be shown or this is an instance of "libel per se" depends upon the character of the disparagement. Often, accusations of crime or immoral conduct or "loathsome disease" will amount to libel per se, but many negative comments aren't and require proof of damage.

If your comments were made in a genuine attempt to provide useful business advice and not to malign someone maliciously, the defense of conditional privilege may allow you to avoid liability here. If served with a suit, see a lawyer at once.

Re: Libel for Email to one Individual?

There are so many things to say about this situation. Much depends on the context of the email and whether the "one error" was material or not. Were you expressing an opinion or reciting something as fact? What motive did the person seeking your advice to forward this email? Does the actually have a bad reputation?