Defamation Trade Libel

“‘Trade libel is defined as an intentional disparagement of the quality of property, which results in pecuniary damage to plaintiff. . . . “Injurious falsehood, or disparagement, then, may consist of the publication of matter derogatory to the plaintiff’s title to his property, or its quality, or to his business in general, . . . [The] plaintiff must prove in all cases that the publication has played a material and substantial part inducing others not to deal with him, and that as a result he has suffered special damages. . . . Usually, . . . the damages claimed have consisted of loss of prospective contracts with the plaintiff's customers.”’”

“A cause of action for trade libel thus requires (at a minimum):

(1) a publication;
(2) which induces others not to deal with plaintiff; and
(3) special damages.”

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