Question

Derrick wrote a defamatory letter regarding Sammy which he mailed to Sammy, but which he did not show to anyone else. After mailing the letter to Sammy, Derrick told his psychologist about the defamatory letter during a counseling session. Which tort did Derrick commit?

1) Slander only
2) Libel only
3) Libel and Slander
4) d. Neither libel nor slander

Answer 1

Derrick wrote a defamatory letter (libel) to Sammy and told only his psychologist (no third-party publication). Without dissemination to a third party, Derrick likely did not commit a tort under libel or slander laws.

Step-by-step explanation:

The tort that Derrick committed when he wrote a defamatory letter about Sammy can be categorized as either libel or slander. Since the defamatory statement was made in written form through a letter, this would typically constitute libel, which is a defamatory statement that is printed, written or in some other fixed form. However, because Derrick did not show the letter to anyone else but the recipient (Sammy), and only spoke about it during a confidential psychologist session, most jurisdictions would consider that there has not been publication to a third party, which is required for a defamation claim. As such, Derrick may not have committed a tort. Public figures, as in the case of New York Times Co. v. Sullivan, have a higher burden of proving malicious intent or "reckless disregard" when filing defamation suits, but this scenario does not mention the public status of Sammy.