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24 October, 08:32

Richard is an employee of the Dun Construction Corp. While delivering materials to a construction site, he carelessly backs Dun's truck into a passenger vehicle driven by Green. This is Richard's second accident in six months. When the company owner, Dun, learns of this latest accident, a heated discussion ensues, and Dun fires Richard. Dun is so angry that he immediately writes a letter to the union of which Richard is a member and to all other construction companies in the community, stating that Richard is the "worst driver in the city" and that "anyone who hires him is asking for legal liability." Richard files a suit against Dun, alleging libel on the basis of the statements made in the letters. Discuss the results.

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  1. 24 October, 10:38
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    Answer:The first statement by Dun was merely an opinion, while the second statement is a fact and he has defamed Richard's character and Richard can sue him for Libel.

    Explanation: The first statement about Richard by Dun is merely a personal opinion, Richard is not, 'worst driver in the city,' as Dun did not present any fact to prove that statement.

    The second statement by Dun calling Richard a legal liability to anyone who hires him, is a fact. Based on this reasoning, Richard has basis to sue Dun for libel. According to the text, Defamation of character involves wrongfully hurting a person's good reputation with fact and breaching it to one or more third parties, the fact that Dun's went as far as sending letters that states this fact means he has accepted and consented to Defaming Richard's character. Based on the statement by Dun, many employers will likely not be ready to employ Richard.
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