When malicious falsehood occurs, it can give rise to a civil lawsuit for either libel or slander. Libel or slander are the actual causes of action that a defendant will bring in the U.S. justice system. ... In other words, a malicious falsehood must have been made.
What is meant by malicious falsehood?
Malicious falsehood is a false statement made maliciously that causes damage to the claimant. Malicious in this case means the defendant either knew the statement was not true or did not take proper care to check.
What are the elements of malicious falsehood?
The essential elements of a claim for malicious falsehood are:
- the statement complained of was published about the claimant.
- the statement complained of was untrue.
- the statement was published maliciously (ie dishonestly)
