TORTS ASSIGNMENT 3
The class of defamation as a tort is a complex subject as there are several things that must be considered and taken into account when litigation a case of this nature. The book defines defamation as a statement that tends to harm the reputation of another, encompassing both libel and slander. I also looked up the term Defamation in the New Mexico Rules, Statues and Uniform Jury Instructions:
13-1001. Defamation: Defined.
Defamation is a wrongful [and unprivileged] injury to [a person's] reputation.
Statutes, Rules and Const. > NMRA (Unannotated) > Uniform Jury Instructions — Civil > CHAPTER 10 Defamation > 13-1001. Defamation: Defined.
A. No person shall make, publish, disseminate or circulate, directly or indirectly, or aid, abet, counsel, procure or encourage the making, publishing, disseminating, transmission or circulation to another, of any oral or written statement or any pamphlet, circular, article or literature which is false, or maliciously critical of, or derogatory as to financial condition or otherwise as to an insurer or organization proposing to become an insurer, and which is calculated to injure such insurer, or proposed insurer, or any person engaged or proposing to engage in any of the business of or with an insurer.
B. Any person who violates this section shall be guilty of a misdemeanor and is subject to the penalties prescribed by Section 18 [59A-1-18 NMSA 1978] (general penalty) of the Insurance Code. History: Laws 1984, ch. 127, § 278.
Statutes, Rules and Const. > NMSA (Unannotated) > CHAPTER 59A Insurance Code > ARTICLE 16 Trade Practices and Frauds > 59A-16-10. Defamation. (1984)
13-1002. Defamation action: Prima facie case; general statement of elements.
(A) The plaintiff claims that the following communication was defamatory and entitles the plaintiff to recover damages: (B) To establish the...
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