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Question 7 from chapter 5 . When answering this question, please provide the elements of a claim of defamation. Please provide analysis which includes not
Question from chapter When answering this question, please provide the elements of a claim of defamation. Please provide analysis which includes not only arguments by the plaintiff but also arguments made by the employer who made the statements. Finally, please provide your conclusion as to whether defamation occurred.A man who had made a career as an estate manager for wealthy people was hired to manage an estate. The previous manager had been accused of engaging in criminal acts on the job, including obtaining kickbacks from vendors performing work at the estate. After about two years of managing the estate, the man was told that he was being terminated. The reasons given for the termination were vague and shifting. He was also told that the estate wanted him to stay on for or months until a replacement could be found. His supervisor volunteered to write a reference for him. The supervisor then allegedly made the following statements about the man: he told an employee at a professional reference checking company that I would go for impromptu inspections. Normally I take what someone tells me as the truth; but in performing audits things didnt come out accurately, The supervisor responded in the affirmative when the reference checker asked whether, based on this information, would you say that he was not always honest, The supervisor also stated to the owner of an employment agency that specialized in placing estate managers, that it had been confirmed that the man was taking kickbacks, failing to report to work, and working from home. The supervisor also stated to a colleague of the estate manager that he had found out that the man was stealing that there were actual physical things that had been taken from the property. Lastly, the supervisor stated to the owner of a company that provided lawn services to the estate that the man wasnt there. He was trying to manage the place from another state and we think hes doing the same things as Joe Jelske a reference to the alleged criminal conduct of the mans predecessor. Assuming that, as the former estate manager alleged, these statements about him were false or substantially false, are any of the statements defamatory? Which ones Why? Are any of the statements shielded by qualified privilege? Which ones Why?
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