Business Law

Running head : BUSINESS LAW

Business Law

Author

Institution

Professor

Subject

Business Law

I . In accordance with the statute and case law of California defamation involves both slander and libel . Accordingly , the elements of a defamation claim are : (1 ) intentional publication of a statement of fact (2 ) that is false (3 ) unprivileged (4 ) has a natural tendency to injure or which causes special damage and (5 ) the defendant 's fault in publishing the statement amounted to at least negligence ( HYPERLINK "http /www .citmedialaw .org /legal-guide /california-defamation-law Citizen

Media , 2008 . Nevertheless , Ms . Spears must prove that actual malice existed in the alleged acts given that she is a public figure which is essential in defamation claims

In the given case , however , the California court unlawfully dismissed the suit against U .S . Weekly on the ground that Ms . Spears has put her modern sexuality squarely , and profitably , before the public eye ' and in view of that , the publication of such information could not be regarded as damaging to her reputation . Clearly , there was injury or special damage committed against Ms . Spears , given that there transpired an intrusion of privacy upon her concerns or private affairs , which regardless of her public reputation , was undisclosed to the public Moreover , the court disregarded the fact that the matter made public was extremely objectionable and offensive to the ordinary sensibilities of any reasonable person . In view of these , the U .S . Weekly should have been made liable

II . As a basic rule in law , the plaintiff...