Generally, what is the legal relief for defamation per se?

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Generally, what is the legal relief for defamation per se?

Irrefutable evidence of defamation exists. A person posted a defamatory review falsely claiming that we serviced for her, when in fact we have never even spoken with her, much less serviced for her. We do not service in her town. We found that a competitor is located at the same address of the defamer. Malicious intent is illusive, however, defamation per se is undeniable. What is defamation per se relief, generally? What is the basis of the relief? What is sought?

Asked on May 30, 2012 under Business Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

"Defamation per se" is a legal term that under the laws of all states if proven, damages are presumed to have arisen. Examples would be claiming that someone is dishonest and the statement was proven and there is no defense to the offensive statement.

The problem is that in the end damages still need to be established with reasonable certainty.

The relief for proving "defamation per se" is monetary damages. In your situation, it could be lost profits with respect to your business.


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