What Are The Elements Of A Cause Of Action For Trade Libel?

In reviewing some of the topics that we’ve covered on the California Defamation Blog, I noticed that the topic of Trade Libel is conspicuously absent so I’m going to fix this over the next few posts.

Today’s post is short and simple. Here are the basic elements of a cause of action for Trade Libe to get us started:

1. Defendant’s false statement;
2. Publication;
3. Of matter disparaging the quality of another person’s property or services;
4. which the publisher intended to cause harm to the owner, or should have recognized as being likely to cause it; and
5. Causation of pecuniary harm or loss.

Computerexpress, Inc. v. Jackson (2001) 93 Cal.App.4th 993, 1010.

In the next post we’ll discuss the nature of the tort of Trade Libel.

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