1 Elements and Case Citations
Although “defamation and disparagement in the commercial context are allied in that the gravamen of both are falsehoods published to third parties, there is a distinction:”
- “Where a statement impugns the basic integrity or creditworthiness of a business, an action for defamation lies and injury is conclusively presumed.
- Where, however, the statement is confined to denigrating the quality of the business’ goods or services, it could support an action for disparagement, but will do so only if malice and special damages are proven.”
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