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Why is slander a tort at common law?

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colp

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Jun 22, 2009, 4:11:26 PM6/22/09
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Why is slander a tort at common law? The injury resulting from a
slander can be just as damaging as a physical injury.

Doug Brown

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Jun 24, 2009, 12:29:56 AM6/24/09
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"colp" <co...@solder.ath.cx> wrote in message
news:d12525f9-18c6-426e...@j19g2000vbp.googlegroups.com...

> Why is slander a tort at common law? The injury resulting from a
> slander can be just as damaging as a physical injury.

And a claim for physical injury is also a tort at common law, apart from any
possible criminal sanctions the Crown/State may impose.

mm

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Jun 23, 2009, 3:09:09 PM6/23/09
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On Mon, 22 Jun 2009 13:11:26 -0700 (PDT), colp <co...@solder.ath.cx>
wrote:

>Why is slander a tort at common law? The injury resulting from a
>slander can be just as damaging as a physical injury.

Well, injuring someone physically is also a tort at common law. So
there. :)

Or do you mean why is assault codified and slander isn't? I think in
most or all places they're the same and why does it make a difference?

Are you asking why is it only a tort, :) why it's not a crime?

Well I think maybe it is:
http://www.google.com/search?client=firefox-a&rls=org.mozilla%3Aen-US%3Aofficial&channel=s&hl=en&q=%22criminal+slander%22&btnG=Google+Search

And this page looks weird but it's on topic:
http://cyberlaw.info/Article102.htm

And this one:
http://law.onecle.com/texas/finance/89.101.00.html

And this is another from the google list:
http://findarticles.com/p/articles/mi_qn4188/is_20051019/ai_n15707298/

Seth

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Jun 23, 2009, 3:03:07 PM6/23/09
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In article <d12525f9-18c6-426e...@j19g2000vbp.googlegroups.com>,

colp <co...@solder.ath.cx> wrote:
>Why is slander a tort at common law? The injury resulting from a
>slander can be just as damaging as a physical injury.

Causing a physical injury is likewise a tort, so I don't understand
your question.

Anyway, the answer to "why is <something> at common law?" is generally
"because it has always been that way, long enough (and starting early
enough) to become common law." As to why it was that way back then,
most likely it seemed like a good idea at the time.

Also, "can be" is much weaker than "is". I've been slandered hundreds
or thousands of times with less total damage than one person stepping
on my foot.

Seth

Mike Jacobs

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Jun 23, 2009, 11:55:44 AM6/23/09
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On Jun 22, 4:11 pm, colp <c...@solder.ath.cx> wrote:
> Why is slander a tort at common law? The injury resulting from a
> slander can be just as damaging as a physical injury.

Doesn't your own second sentence answer the question you raised in the
first one?

Unless you meant something else. Care to rephrase what you really
want to know, based on how much you already know, so we don't re-
invent the wheel trying to fill in the gaps in your knowledge?

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