California First-Year Law Students' Exam (Baby Bar) — MCTortsMedium
An angry customer, dissatisfied with a store's service, intentionally and loudly accused a sales associate of stealing their wallet, knowing the accusation was false. The accusation was made in front of several other customers, causing the sales associate significant distress and harming their reputation. Which type of defamation has likely occurred?
- ASlander per se
- BFalse Light
- CSlander
- DLibel
Show answer & explanationAnswer & explanation
Correct answer: A. Slander per se
The accusation of theft is an oral statement (slander) that falls into one of the categories of 'slander per se,' meaning special damages do not need to be proven. Accusations of criminal conduct (like theft) are typically slander per se.
Why the other options are wrong
- B. False light is a privacy tort, not a defamation tort, and involves portraying someone in a highly offensive, false way.
- C. Slander is spoken defamation, but typically requires proof of special damages unless it falls into a 'per se' category.
- D. Libel refers to written or broadcast defamation, not spoken words.
Slander Per Se
A category of spoken defamation (slander) where the statements are so inherently damaging that the plaintiff does not need to prove special damages (actual economic loss) to recover.
- Applies to accusations of serious crime (e.g., theft, murder).
- Applies to statements implying loathsome disease (e.g., leprosy, venereal disease).
- Applies to statements negatively affecting one's business, trade, or profession.
- Applies to statements imputing serious sexual misconduct (e.g., unchastity to a woman).
Memory trick: Libel is written, Slander is spoken, Per Se is broken (no special damages needed).