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Old 10-05-2010, 05:06 PM
  #85  
Scorpion1110
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Originally Posted by Tod74
ok found this

http://www.expertlaw.com/library/per...efamation.html


A defense recognized in most jurisdictions is "opinion". If the person makes a statement of opinion as opposed to fact, the statement may not support a cause of action for defamation. Whether a statement is viewed as an expression of fact or opinion can depend upon context - that is, whether or not the person making the statement would be perceived by the community as being in a position to know whether or not it is true. If your employer calls you a pathological liar, it is far less likely to be regarded as opinion than if such a statement is made by somebody you just met. Some jurisdictions have eliminated the distinction between fact and opinion, and instead hold that any statement that suggests a factual basis can support a cause of action for defamation

If you represent an opinion as fact it can be a cause for defamation even though its far fetched such as the pathological liar example. An opinion represented as opinion is still not a cause for Defamation at least according to my Business law professor. But what did she know, she's only a darn judge in MD now

I am probably wrong, lol.
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