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, in front of other customers, of 'stealing money from the cash register' and being a 'known drug dealer.' These statements were entirely false. The sales associate suffered severe emotional distress and was subsequently fired due to the accusations. Which type of defamation has occurred, and what is its significance regarding damages?
- ASlander per se, allowing for general damages without specific proof of loss.
- BLibel per se, requiring proof of actual malice.
- CLibel, requiring proof of special damages.
- DSlander, requiring proof of special damages.
Show answer & explanationAnswer & explanation
Correct answer: A. Slander per se, allowing for general damages without specific proof of loss.
The statements were spoken, making it slander. Accusations of a serious crime ('stealing money') and professional misconduct ('drug dealer') fall under the categories of slander per se. For slander per se, general damages (for harm to reputation, emotional distress) are presumed and do not require specific proof of pecuniary loss.
Why the other options are wrong
- B. Libel per se is not a recognized category in all jurisdictions, and actual malice is only required for public figures or matters of public concern, not for all libel per se or slander per se.
- C. Libel is written defamation; this was spoken. Special damages are not required for libel or slander per se.
- D. While it is slander, the statements fall into categories of slander per se, which means special damages are not required.
Slander Per Se
Spoken defamation that is so inherently harmful that the plaintiff does not need to prove special (pecuniary) damages to recover general damages.
- Categories typically include: accusation of serious crime, loathsome disease, professional misconduct, or unchastity of a woman.
- Presumes general damages (e.g., for reputation, emotional distress).
- Eliminates the common law requirement to prove special damages for spoken defamation.
- Still requires proof of falsity, publication, and fault.
Memory trick: Libel is Written, Slander is Spoken, Per Se is the Exception.