Deck 4: Intentional Torts

Question 1

Nadeem was a blogger who provided comments about corporate performance. On his blog he stated that Widget Company was in serious financial trouble and was preparing to lay off 200 employees. The price of Widget Company's stock immediately dropped $1.50. The law of defamation states that Nadeem is liable for the loss of Widget Company whether or not the statement was true.

A) True
B) False
C) True, only if there is absolute privilege
D) True, only if there is qualified privilege
E) True, only if there are special damages

Answer 1

B

Question 2

Andy entered a small restaurant and sat on a stool at the lunch counter. Baker entered the restaurant a few moments later and sat down at the lunch counter next to Andy. For no apparent reason, Andy suddenly struck Baker on the side of the head with his fist, knocking Baker to the floor. Baker raised himself from the floor, then seized Andy, and tossed him through the large glass window at the front of the restaurant. Andy was seriously injured and hospitalized as a result of the incident. Baker is liable for the injury to Andy because it was not necessary for him to act in self-defence and his response was excessive.

Answer 2

True

Question 3

When a person says "I am going to hit you!" and immediately smacks the other person on the cheek, resulting in a cut, he/she has

A) committed the tort of assault.
B) committed the tort of battery.
C) committed the tort of negligence.
D) committed the torts of assault, battery and negligence.
E) committed the torts of assault and battery.

Answer 3

E

Question 4

Injurious falsehood is closely related to slander of goods, but its scope is wider. Which of the following statements are also true about injurious falsehood?

A) The goods may be the subject of the slander.
B) The disparagement can be aimed at the business enterprise as a whole.
C) The disparagement can be aimed at the owners in particular.
D) None of the responses are correct.
E) All of the responses are correct.

Question 5

Deceit is defined in legal terms as:

A) A tort that arises when a party benefits by acting upon a false representation made by a party with the intention of deceiving the other.
B) A tort that arises when a party suffers damage by acting upon a false representation made by a party with the intention of deceiving the other.
C) A tort that arises when a party suffers damage by acting upon a false representation made by a party with only good intentions toward the other party.
D) A tort that arises when a party benefits by acting upon a false representation made by a party with only good intentions toward the other party
E) A tort that arises when a party suffers damage by acting upon a false representation made by a party with the intention of deceiving the public as a whole.

Question 6

Claire required a reference for a new job. She asked for a letter from her former employer, Alice. Alice wrote that Claire was honest, hard-working, intelligent and pleasant, and would do best in a job with considerable direction and supervision. Since Claire had applied for work in outside sales, she was turned down as the job needed an independent self-starter. Claire sued Alice for libel.

A) Alice could successfully argue that she had written the letter in good faith and only said what she honestly believed to be true.
B) Even if what Alice said was true, Claire will win since, if she was not willing to write only positive things, Alice should have declined to write at all.
C) Alice could successfully raise the defence of absolute privilege.
D) Unless Alice can prove the truth of what she wrote, Claire will win.
E) Alice's freedom of speech must be protected even at the expense of Claire's right to protect her reputation so, even if Alice was not being totally truthful, Claire will lose.

Question 7

The ACME Toaster Company was searching for a supplier of wire heating elements for its toasters. It located the XYZ Element Company which also supplied good quality elements to the Pop-Up Toaster Company, ACME's main competitor. In order to fill ongoing standing orders for elements, XYZ required ACME to complete a credit survey identifying ACME's bank and trade credit references. ACME, which was in financial difficulty, provided a bank account number which actually belonged to the president personally and in which there were substantial deposits. ACME also wrote a letter to the operations manager of XYZ stating that ACME could purchase the entire production of XYZ's elements and that if XYZ would agree to ACME being its exclusive elements customer, ACME would guarantee the purchase of XYZ's annual production at 1% above the price paid by Pop-Up. XYZ was delighted. It informed Pop-Up that it would no longer be able to meet its supply requirements, effective immediately. ACME received its first shipment of elements within a week.

A) XYZ has committed the tort of fraudulent conversion of goods.
B) XYZ has committed the tort of deceit.
C) Pop-Up may sue for damages actually suffered.
D) Pop-Up may sue for punitive damages.
E) None of the responses are correct.

Question 8

Smith, a computer programmer with Computer Company, was approached by its largest competitor and asked whether he would like to join it as its head of research. It was made clear that the job was dependent on his bringing with him Computer Company's secret research data. Smith accepted and resigned from Computer Company.

A) Smith could be sued by Computer Company for breach of confidence.
B) The competitor could be prevented from using any trade secret which Smith brings from Computer Company.
C) Smith could be subject to an injunction preventing him working for Computer Company.
D) None of the responses are correct.
E) All of the responses are correct.

Question 9

Andy entered a small restaurant and sat on a stool at the lunch counter. Baker entered the restaurant a few moments later and sat down at the lunch counter next to Andy. For no apparent reason, Andy suddenly struck Baker on the side of the head with his fist, knocking Baker to the floor. Baker raised himself from the floor, then seized Andy, and tossed him through the large glass window at the front of the restaurant. Andy was seriously injured and hospitalized as a result of the incident. Baker would not be liable for the injury to Andy, because he had acted in self-defence.

Question 10

Nadeem was a blogger who provided comments about corporate performance. On his blog he stated that Widget Company was in serious financial trouble and was preparing to lay off 200 employees. The price of Widget Company's stock immediately dropped $1.50. What tort will Widget Company use to bring an action against Nadeem?

A) Defamation
B) Slander
C) Deceit
D) Libel
E) Nuisance

Question 11

Andy entered a small restaurant and sat on a stool at the lunch counter. Baker entered the restaurant a few moments later and sat down at the lunch counter next to Andy. For no apparent reason, Andy suddenly struck Baker on the side of the head with his fist, knocking Baker to the floor. Baker raised himself from the floor, then seized Andy, and tossed him through the large glass window at the front of the restaurant. Andy was seriously injured and hospitalized as a result of the incident. Andy would be liable for his battery of Baker

Question 12

Karim was replacing the light bulb inside of his refrigerator. The bulb was an odd size, so he put it in his coat pocket when he went to Gnome Hardware to purchase a replacement. While standing in front of the light bulb display Karim removed the old light bulb from his pocket to compare it to those for sale. None of the bulbs on display were the same so Karim put the old bulb back into his coat pocket and walked out of the store. When he left the store, a clerk approached him and asked him to go to the manager's office. Can Karim bring a legal action against Gnome Hardware for false imprisonment?

A) Yes.
B) Yes, if Karim suffered damages, such as lost time from work.
C) No, he can only bring an action for slander of title.
D) No, Gnome Hardware had reasonable and probable grounds.
E) No, Karim did not suffer any damages, such as lost time from work.

Question 13

Dan had been notified by his landlord, Kevin, that he was being evicted and was to vacate the premises within one month's time. Dan ignored all of Kevin's subsequent notices of the deadline, refused Kevin's help in moving and caused many confrontations on the issue that almost escalated to physical altercations. After the deadline passed, Dan's belongings were still in the apartment, but Dan was nowhere to be found. Kevin put on a new lock, moved Dan's things to the apartment storage units and left a note on the door explaining the arrangement and for Dan to come and talk to him about the situation. Upon investigation the next day, Kevin found the lock smashed and the apartment to be severely damaged. As well, Dan's possessions had been removed from the storage.

A) Dan is liable for trespass and punitive damages as a result of his trespass.
B) Dan is not liable for trespass because he was under the impression that the furniture from the apartment was being held from him by the landlord.
C) Dan is liable for trespass because the change of locks and notice provided him with proper knowledge that he was not to use the apartment.
D) The landlord is liable for trespass to and conversion of Dan's possessions.
E) All of the responses stating Dan is liable for trespass are correct.

Question 14

Terry responded to a mail-order advertisement for athletic shoes from a magazine. At a cursory glance the offer featured ACME sports shoes, Terry's favourite, on sale for a low price. Terry had failed to notice that the brand name was, in fact, ACNE. When he received the product Terry was infuriated. After an examination of the ad, Terry had realized the mistake but felt that ACNE's marketing tactics were suspect and is considering seeking legal advice on the issue. Which of the following is not true?

A) ACNE is responsible for a refund for Terry's purchase because its actions make them liable for passing-off.
B) ACNE is liable for nothing because it was Terry's blind negligence that placed him in the predicament.
C) ACME could sue ACNE for a violation of their company's product rights and reputation.
D) The action of passing-off as it exists in this case is a specific charge under the law of unintentional torts.
E) ACNE is responsible for a refund for Terry's purchase because its actions make them liable for passing-off and ACME could sue ACNE for a violation of their company's product rights and reputation.

Question 15

Rashid saw Charles "rear-end" Francine's car at a stop sign. Immediately following the accident he told Charles that he would testify that Francine had been over the white line and had backed up into Charles, if Charles paid him $200. Charles agreed and Rashid provided his testimony in court. The police can prove Rashid is lying.

A) Francine could successfully sue Rashid for slander.
B) Francine could successfully sue Rashid for slander and would be awarded punitive damages.
C) Francine would lose a slander suit because Rashid could raise the defence of absolute privilege, though Rashid could be charged with the crime of perjury.
D) Francine would lose a slander suit because Rashid could raise the defence of qualified privilege, although Rashid could be charged with the crime of perjury.
E) If Rashid had lied only out of friendship, rather than for money, he could not be sued by Francine nor charged by the police.

Question 16

Andy entered a small restaurant and sat on a stool at the lunch counter. Baker entered the restaurant a few moments later and sat down at the lunch counter next to Andy. For no apparent reason, Andy suddenly struck Baker on the side of the head with his fist, knocking Baker to the floor. Baker raised himself from the floor, then seized Andy, and tossed him through the large glass window at the front of the restaurant. Andy was seriously injured and hospitalized as a result of the incident. Andy would be liable for the tort of assault on Baker.

Question 17

An intentional tort exists under which of the following circumstances?

A) The act that was committed is prohibited by Common Law.
B) The act was intentional.
C) The act was outside of a contract or trust.
D) All of the responses are correct.

Question 18

Darren sells counterfeit Gucci watches on a downtown street corner for $30 each. If asked, he says they are "genuine imitation Guccis."

A) Gucci can sue Darren for slander of title.
B) Gucci can sue Darren for passing-off.
C) People who buy the watches can sue Darren for passing-off.
D) Since Darren readily admits they are fakes, he has committed no tort.
E) People who buy cheap watches on street corners cannot claim they thought they were getting the real thing, so Darren has committed no tort.

Question 19

While driving, Charles "rear-ended" Francine's car at a stop sign.

A) Charles can be charged by the police with an offence under the road traffic laws.
B) Francine can sue Charles in tort for the damage done to her car.
C) Francine can only sue Charles successfully in tort if he is convicted of a road traffic offence.
D) Charles can be charged by the police and sued by Francine.
E) None of the responses are correct.

Question 20

Which of the following fact patterns does NOT constitute trespass?

A) Building a crooked fence that is partially on the neighbour's lot.
B) Unintentionally walking through a neighbour's yard to access the garbage can.
C) Stringing of Christmas lights across the neighbour's shrubs without their consent.
D) Directing house eavestroughs so that they overhang the property line.
E) Allowing tree branches to hang over the property line.

Question 21

Winston regularly takes a shortcut across his neighbour's backyard to shorten his walk home. His wife informed him that she had been told by their neighbour that he does not like Winston taking that shortcut, but Winston says "I'm not doing any damage. There's nothing he can do about it." Winston is wrong.

Question 22

George borrowed a very valuable art book from the library. He liked it so much that he decided to pay the $20 maximum fine and keep the book. The library is entitled to damages equal to the value of the book since George has committed the tort of conversion.

Question 23

Bob owns a small carpet company. After a dispute, his best salesperson left the company and was hired by a competitor. A client who recently had carpet installed by Bob's company has initiated legal action on the basis of a statement made to him by the former salesperson who told the client that he had received a product of inferior quality. The former employee also told the client that Bob does this frequently. He has committed a slanderous act which is an intentional tort.

Question 24

At an all-candidates meeting prior to the election, Jones accused the incumbent, Wilson, of having used her office to improperly improve her financial position. This was later proved to be true. Wilson argued that her reputation had been seriously damaged, and sued Jones for slander. Wilson will lose.

Question 25

B and C owned adjacent houses in a subdivision. B's house and lot were located on slightly higher ground than C's, and the natural flow of water was downhill towards C's house. The two houses were separated by a 2.5-metre wide driveway, of which each owned one-half. One day, B changed the location of the eavestrough downspout on his house to direct the flow of water from his roof across the driveway, which sloped towards C's house. The first heavy rain resulted in the flooding of C's basement, because B had directed all of the rain which had collected on his roof towards and into C's basement window. B is liable for trespass by directing the rainwater collected on his roof towards C's property, if he did so with the intention of flooding C's basement.

Question 26

At a social club meeting that was held to discuss an environmental problem in a community, Brown made a speech in favour of a particular course of action that he thought the club should follow. Smith, who did not like the suggestions made by Brown, also made a short speech in which he called Brown an "idiot," and his suggestions "rubbish." Defamatory statements made at social club meeting are generally considered to be less serious than defamatory statements published in a newspaper or magazine.

Question 27

T borrowed D's automobile for the purpose of delivering a parcel to the post office. On his return, T parked D's automobile in his own garage, and refused to return it to
D. Conversion is an actionable tort.
TRUE

Question 28

At a social club meeting that was held to discuss an environmental problem in a community, Brown made a speech in favour of a particular course of action that he thought the club should follow. Smith, who did not like the suggestions made by Brown, also made a short speech in which he called Brown an "idiot," and his suggestions "rubbish." Statements made at a social club meeting are subject to absolute privilege.

Question 29

Bob owns a small carpet company. After a dispute, his best salesperson left the company and was hired by a competitor. A client who recently had carpet installed by Bob's company has initiated legal action on the basis of a statement made to him by the former salesperson who told the client that he had received a product of inferior quality. The former employee has committed a slanderous act which is an intentional tort.

Question 30

T borrowed D's automobile for the purpose of delivering a parcel to the post office. On his return, T parked D's automobile in his own garage, and refused to return it to
D. T's actions constitute conversion and would entitle D to take legal action to recover his automobile.
TRUE

Question 31

At a social club meeting that was held to discuss an environmental problem in a community, Brown made a speech in favour of a particular course of action that he thought the club should follow. Smith, who did not like the suggestions made by Brown, also made a short speech in which he called Brown an "idiot," and his suggestions "rubbish." Injury to one's reputation by a false statement, where the statement is not subject to privilege, is a tort.

Question 32

Ms. Winter, an opera singer, consulted with Dr. Brown, an ear-nose-and-throat specialist about polyps in her throat. Dr. Brown recommended an operation, and, when questioned by Ms. Winter as to whether it could affect her voice, told her that he would not do the operation if there was such a risk. In fact, there was one chance in a thousand that she could lose her voice, but Dr. Brown did not tell her because he felt she would overreact, and the polyps, if left, might later lead to serious problems. Dr. Brown performed the operation without negligence. Ms. Winter lost her voice. Ms. Winter can sue Dr. Brown for battery.

Question 33

B and C owned adjacent houses in a subdivision. B's house and lot were located on slightly higher ground than C's, and the natural flow of water was downhill towards C's house. The two houses were separated by a 2.5-metre wide driveway, of which each owned one-half. One day, B changed the location of the eavestrough downspout on his house to direct the flow of water from his roof across the driveway, which sloped towards C's house. The first heavy rain resulted in the flooding of C's basement, because B had directed all of the rain which had collected on his roof towards and into C's basement window. C should have foreseen the entry of the water from B's downspout and dug a ditch to direct it away from his house.

Question 34

Jason, a department store detective, saw Andrew slip some merchandise into his pocket. Jason followed him out of the store and stopped Andrew without touching him. He then quietly and politely asked him to accompany him to the security office. Andrew agreed, but when his pockets were searched, nothing was found. Andrew can successfully sue the department store for false imprisonment.

Question 35

At a social club meeting that was held to discuss an environmental problem in a community, Brown made a speech in favour of a particular course of action that he thought the club should follow. Smith, who did not like the suggestions made by Brown, also made a short speech in which he called Brown an "idiot," and his suggestions "rubbish." Statements made at a social club meeting are subject to qualified privilege.

Question 36

T borrowed D's automobile for the purpose of delivering a parcel to the post office. On his return, T parked D's automobile in his own garage, and refused to return it to
D. T is liable for the theft of D's automobile.
FALSE

Question 37

At a social club meeting that was held to discuss an environmental problem in a community, Brown made a speech in favour of a particular course of action that he thought the club should follow. Smith, who did not like the suggestions made by Brown, also made a short speech in which he called Brown an "idiot," and his suggestions "rubbish." Unless it was true that Brown was an "idiot," Smith made a defamatory statement which slandered Brown's reputation.

Question 38

Natasha was enraged when another driver cut her off, so she deliberately rammed his car. This was a crime but not a tort.

Question 39

Annie was furious because the new car she had bought kept breaking down and the dealer would only repair it according to their contract, and not replace it. Annie made a huge yellow lemon-shaped sign and walked up and down outside the dealership. The sign said, "This is what they really sell here." The dealer could sue her in tort and win.

Question 40

On the way to work on the bus one morning, Martin was worrying about a personal problem and failed to notice that the bus was pulling into a stop. Since he had not braced himself, he fell against Victor, injuring Victor's eye with his briefcase. Martin has committed the tort of battery.

Question 41

A newspaper cartoon depicted a well-known international entrepreneur as a greedy villain dressed as Robin Hood who was "stealing from the poor and giving to himself." The entrepreneur would be precluded from seeking damages from the cartoonist because cartoons are exempt from the defamation laws.

Question 42

Jim applied for a position with the city's public works department that he had seen advertised in the local newspaper. The advertisement specifically requested experience with heavy machinery, which would be used on a daily basis in this job. Jim did not know how to operate any of the machinery, and in fact, he did not have a valid driver's licence. On his first day at the job Jim caused an accident that will cost the city greatly. Jim's action would constitute deceit under tort law.

Question 43

At a meeting of a local business club, someone voiced the opinion that the law interferes in business matters too much, and we would all be better off without it. A discussion ensued. Describe, with some examples, what you would say to demonstrate that the legal limitations on the freedom of businesspeople to operate can act to protect the honest businessperson.

Question 44

Mr. and Mrs. Lacroix purchased a fireplace insert from Dan's Hearth Shop. Dan's was the only local distributor and installer of such units in the town in which the Lacroix's lived. Dan's supplied the unit with the requisite chimney pieces and also performed the installation. Within a month, the Lacroix's revisited Dan's shop to complain about the performance of the fireplace. In particular, they complained that the unit was prone to chimney fires. Dan came to the Lacroix's home to inspect the unit but could not find any evidence of chimney fires. He further advised the Lacroix's to burn only dry wood in the insert and to have the chimney cleaned.
On several other occasions, the Lacroix's complained to Dan about chimney fires and eventually demanded their money back. Dan refused, and claimed that the fault was not in the fireplace but in the Lacroix's failure to operate it properly and to have the chimney cleaned.
The following week Mrs. Lacroix placed the following advertisement in the local newspaper:
'FIREPLACE INSERT - Comes equipped with rusting steel flue connector. Locally purchased, installed by local vendor, used only 3 months. Poor quality material and workmanship. Has proven record of chimney fires. Brass kettle will be thrown in. Phone [phone] after 5 p.m.'
Discuss the arguments which both sides might raise if Dan's Hearth Shop took legal action against the Lacroix's. Render a decision.
C.C.L.T. 37 (B.C.S.C.), this case examines both the torts of libel and slander of goods. Dan's arguments will point out that the Lacroix's language in the advertisement made it clear that they were less interested in selling the fireplace than in publicising its allegedly dangerous deficiencies and the poor quality of material and workmanship of the "local vendor" who installed it. Any reasonable person reading the advertisement would conclude that it referred to Dan and was maliciously intended to injure the reputation of his business
Dan may further argue that the untrue statements made by the Lacroixes concerning his goods and business practices constitute slander of goods (as they may be highly injurious to his business).
The Lacroixes in their defence may argue that the truth of their statements is a full defence to Dan's claims or, at least, that the statements were made on facts which they believed to be true. As such there is neither libel nor slander of goods but rather, a fair statement regarding their experience with Dan.
The court in its decision held on the basis of other facts that there was insufficient evidence suggesting that the average reader would interpret the advertisement as referring to the plaintiff's business.

Question 45

Peter, a professional water skier, was very prominent in his field, having won numerous international championships prior to turning professional. As part of his work he was himself actively involved in promoting and marketing his name and reputation for commercial benefits.
Waterski Summer Camps Inc. operated a summer camp for children at which water-skiing was a central part of its camp program. In February, the camp hired ABC Advertising Co. to prepare promotional material for the summer camp. At this time, it attempted to engage Peter to promote and participate in the summer camp. However, due to other engagements and a busy summer work schedule, Peter refused.
In connection with Peter's promotional activities he frequently used a famous photograph of himself skiing. ABC Advertising prepared without Peter's consent a live drawing stylisation of this photograph. There was a striking similarity between the drawing and the well-known photograph of Peter. It used the drawing in a pamphlet and advertisement prepared to promote the camp. The camp's general manager approved the use of the drawings in the advertising material.
When Peter discovered the drawing, he confronted the camp about its use. The manager stated that the camp did not intend to represent Peter in the drawing, rather to convey the impression of water-skiing. Peter instituted legal proceedings against the camp and the advertising company. Discuss the basis of his claim and the arguments he may use.
C.C.L.T. 20 (Ont. S.C.)
The plaintiff's action is based in the tort of slander of title, more particularly, in passing-off and the wrongful appropriation of his personality or image. He may argue that the unauthorized use of the drawing by the camp was a deliberate attempt to market him as promoting and participating in the camp, thus creating confusion between the camp's business and the plaintiff's business. The camp was, in fact, attempting to convey to potential customers that Peter was associated with it and was thereby, trading on the goodwill and reputation he had built up for himself by pursuing his own commercial promotion. Moreover, he was the rightful owner of his own image which could not lawfully be employed without his consent.
At trial, the court held that on the balance of probabilities the use of the drawing would not confuse that segment of the public likely to read the brochure between the business of the camp and that of the plaintiff. Nor could any harm to the plaintiff's image be shown. Therefore, the claim for passing-off failed. The claim for misappropriation of personality succeeded, as the plaintiff's exclusive proprietary right to market his personality for gain had been interfered with by the camp.

Question 46

In the Common Law provinces, the limitation period for commencing legal action against governments is set by specific statutes and is usually very short (days or months); but in Quebec, it is even shorter.

Question 47

A newspaper cartoon depicted a well-known international entrepreneur as a greedy villain dressed as Robin Hood who was "stealing from the poor and giving to himself." The entrepreneur would be precluded from seeking damages from the publisher of the newspaper because cartoons are exempt from the defamation laws.

Question 48

As you exit a shopping mall you accidentally run into another person and knock her down. As she leaps to her feet you begin to exchange words that escalate, and you find yourself in physical struggle with the other person. After receiving several blows from her you retaliate by striking her on the head with your umbrella, knocking her unconscious and producing a large gash on her head. Discuss the principles of assault and battery as well as self-defence and what actions constitute each by defining them. Write a short decision on this case based on your knowledge and definition of the principles.

Question 49

The rising issue of Internet defamation does not change the principles of Common Law surrounding defamation: published slander (libel), whose untruth is given wide circulation as fact, resulting in injury to the victim's reputation.

Question 50

From a legal perspective discuss those aspects of designing a marketing strategy which a business must keep in mind.

Question 51

A newspaper cartoon depicted a well-known international entrepreneur as a greedy villain dressed as Robin Hood who was "stealing from the poor and giving to himself." The newspaper could successfully defend any action taken by the entrepreneur by invoking fair comment.

Question 52

The Patins had been transferred to a new city and had to sell their home before leaving. They received a full price offer which included a warranty that the home had not been insulated with urea formaldehyde. Shortly before closing, the purchasers came by the home to measure the attic opening and discovered that the home was, in fact, insulated with urea formaldehyde. This was unknown to the Patins who had not asked or obtained a warranty when they purchased the home from a construction company several years before. As a result, the purchasers refused to buy the home and the Patins were forced to delay their move and incur considerable expense. The Patins sued the construction company for deceit, claiming that it had induced them to purchase that home but had kept the existence of the insulation secret. The Patins had inspected the house before they purchased it and their agreement specifically excluded any representations and warranties which were not expressly stated in the agreement. Discuss the nature of the Patins' claim and the defences, if any, which might be raised. What would be the likely outcome?

Question 53

You run a large and lucrative bar and restaurant, and you have just hired a new bouncer. You have explained to him that it is always best to be friendly and to calm angry patrons. Describe to him how far he can go to protect himself if attacked, and why he must learn to control himself when provoked. Explain also how his behaviour, if he assaults a patron, could affect you.

Question 54

A newspaper cartoon depicted a well-known international entrepreneur as a greedy villain dressed as Robin Hood who was "stealing from the poor and giving to himself." Defamation may take the form of either libel or slander.