Question
Analyze the details of the following case and post a response to the question. ABC is Condominium Association. Its Board of Directors voted to and
Analyze the details of the following case and post a response to the question.
ABC is Condominium Association. Its Board of Directors voted to and entered into an agreement ("Agreement") with StairMaster for StairMaster to replace the stairs and landings throughout its condominium complex. StairMaster completed the first two staircases and received prompt payment from ABC. ABC instructed StairMaster to replace the third staircase. StairMaster began the work and purchased the materials needed to for the third staircase as well as the materials for staircases four and five to avoid delays.
While StairMaster was doing the work, Mary Smith, the newest ABC Director, discovered that StairMaster's owner was married to one of the Directors. Even though ABC accepted bids from multiple contractors before engaging StairMaster and the relationship was disclosed prior to Smith becoming a Board Member, Smith emailed the entire ABC community, without board approval or authority, claiming that StairMaster did not possess the appropriate license to complete the work. StairMaster did have a license.
Smith later stated that "[i]n the opinion of an independent general contractor, the new stairwells may cause considerable damage to the structure of the buildings." Smith never hired any independent general contractor and never obtained any opinion. Also, without full Board approval, Smith instructed the property management company for ABC to withhold payment to StairMaster.
Note. The above scenario is based on an actual case the instructor has worked on.
DOES STAIRMASTER HAVE A CLAIM FOR DEFAMATION? IF SO, WHAT ARE THE ELEMENTS APPLIED TO THESE FACTS? HAS STAIRMASTER BEEN DAMAGED?
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