Sebastien Johan Is a Music Critic Known for His Ill-

Essay

Sebastien Johan is a music critic known for his ill- tempered manner. In a recent newspaper article, he harshly criticized a classical recording that was released shortly after the death of Glenn Klavier, its featured performer. Johan's review attacked Klavier's music, which was not unusual. However, the review also attacked Klavier personally. It unfairly and inaccurately suggested that Klavier had intentionally stolen all of his ideas from another pianist. Klavier's widow sued Johan under the tort of defamation on the basis that the review tended to make people think less of her late husband. She threatened to sue for $500 000 unless she immediately received payment of $100 000. Although Johan normally would have simply ignored the matter, he recently had experienced a number of financial setbacks. He therefore realized that while he would prefer to pay nothing, he could afford $100 000, but would be ruined if he was ever required to pay $500 000. He therefore promised to pay $100 000 within one year to Klavier's widow in exchange for her promise to drop the lawsuit. Six months later, however, Klavier's widow was reliably informed that her lawsuit certainly would have failed if it had been brought before a judge. The law of defamation states that a person cannot be held liable for making derogatory comments about a dead person. Johan therefore now refuses to fulfill his promise to pay $100 000. Is he entitled to do so? Explain your answer.