Question
Justin had recently purchased a car from Brian. Justin had agreed to pay three installments of $1,000 to Brian - one each month after delivery
Justin had recently purchased a car from Brian. Justin had agreed to pay three installments of $1,000 to Brian - one each month after delivery of the car. Just before he was supposed to make the final payment to Brian, the car broke down and needed $1,000 worth of repairs. Justin phoned Brian to tell him that a new car should not break down like that and that he, therefore, would not be making the final payment to Brian. Brian was furious.
A few days later, Justin walked outside to his driveway to get into his car and saw that his car was spray- painted with the words "Justin is a thief" across the side. Justin looked around and saw his neighbors all looking at him. Justin went inside to phone Brian. On the phone, Brian admitted to doing the spray-painting, but said that Justin deserved it.
Justin sued Brian for the cost of re-painting the car and also for defamation.
At trial, in front of a courtroom full of people, Brian admitted on the stand that he had done the spray-painting, but reiterated that Justin deserved it as he was a thief, a liar and also said that he was a child molester. Justin is certainly not a child molester and asks the judge to immediately add Brian's utterance to his claim of defamation.
You are the clerk of the judge. He tells you that Brian will definitely be liable for the costs of re-painting the car, but he wants you to write him a memorandum on whether you think Brian should be liable for the two defamation claims.
Please advise the judge on the defamation claims including what sort of damages, if any, the judge award.
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