Bar Exam — MBE (Multistate Bar Exam)TortsEasy
A disgruntled employee, after being fired, sent an anonymous email to his former boss, falsely accusing the boss of embezzlement and sexual harassment. The email was also copied to several key clients and industry competitors, causing the boss significant reputational damage and loss of business. The employee knew the accusations were false and intended to harm the boss's reputation. Which tort did the employee most likely commit?
- AIntentional Infliction of Emotional Distress (IIED).
- BInterference with Contractual Relations.
- CAssault.
- DDefamation.
Show answer & explanationAnswer & explanation
Correct answer: D. Defamation.
Defamation involves a false and defamatory statement concerning the plaintiff, published to a third party, causing harm to the plaintiff's reputation. Here, false accusations of embezzlement and harassment were published to clients and competitors, causing reputational and business harm.
Why the other options are wrong
- A. While the boss likely suffered emotional distress, IIED requires extreme and outrageous conduct, and while sending false emails is bad, defamation is a more precise fit for reputational harm.
- B. While the actions may lead to interference with contractual relations, the primary tort described, given the false accusations and harm to reputation, is defamation.
- C. Assault requires an act creating a reasonable apprehension of immediate harmful or offensive contact, which is not present here.
Defamation
A tort that protects a person's reputation from false and damaging statements. It requires a false and defamatory statement of fact concerning the plaintiff, published to a third party, causing harm.
- False and defamatory statement.
- Of or concerning the plaintiff.
- Published to a third party.
- Resulting in harm to reputation.
- Public figures/matters of public concern require malice/fault.
Memory trick: Reputation's 'Ruin' is caused by 'Rumors' that are 'Untrue' and 'Invasive' 'Nastiness'.