Busniss law Essay Example | Topics and Well Written Essays - 500 words

Busniss law - Essay Example This accusation is not true and causes Cornell to lose its customers to Stanford. The legal definition of defamation involves false accusation against a person, which has a potential of adversely affecting the victim’s reputation or competitive advantage in trade. In order to establish a case on defamation’s basis, the plaintiff must prove a number of essential elements. First, the plaintiff must have been subjected to a â€Å"defamatory statement† (Beatty and Samuelson, p. 78). The statement must have been false and the defendant must have communicated the statement leading to injury on the plaintiff. Defamation can be either slander or libel (Beatty and Samuelson, p. 78). In the case, Stanford made an advertisement whose claim was defamatory. The claim was false and caused Cornell its customers who went to Stanford’s business, thereby causing financial losses, in revenues and profits, to Cornell. This forms a legal ground for defamation as was held in the case of Bose Corporation v Consumers Union of the United States (Jernings, p. 289). Cornell could therefore sue on grounds of defamation that could be either libel or slander, depending on Sanford’s mode of advertisement. If Stanford used a permanent medium such as an audio recording or a print media, then Cornell could sue for injuries on grounds of libel. An unrecorded oral advertisement could however lead to suit on ground of slander. The case involves Dan, a driver to EZ Delivery Company, who leaves his car in a neutral mode and does not set brakes. The car then rolls while Dan makes delivery and crashes into a petrol station, causing flames of fire. The fire spreads to a close building that collapses, causing injury to Flow. The facts of the case identify negligence that defines a breach of a duty of care by a party to another, leading to injury. This is because a driver owes elements, in his environment, a duty of care and Dan’s