slander, defemation, libel

[sawblocksally]

End of past summer my husband walked away from our business. He was going to end his life. Had been seriously depressed for awhile. I kept that from happening and started working full time at the business to take allot of things of him. Well of course rumors all around about off on drugs and disappeared for 3 to 4 days on a substance. None of the rumors I heard were ever true. the business we are in-talk gets around quickly. and does effect sales. But I continued. Well my husband just can't stand it. Is back in depression. I am trying to sell business. I found out today that one of my vendors went to see a potential buyer and said some adverse things that are not true. and i know that this has started to change his attitude in discussions on buying.

 

[JETX]

And your question is....... what?

If you are asking if the vendor slandered you by talking to the potential buyer, the answer is probably not. It depends on what was said, and in what context.

First, if what he said was true, then that is not slander or libelous. Let's get that out of the way.

Now, if what he said wasn't true, and he knew it to be untrue, was it said with clear malice? If not, no case. If so, then you need to look at the next step... was it said as a fact, or as a supposition or general comment.
For example, if he said something like, "Man, it is truly a shame what happened to ole Bill" and said no further, it is free speech. If he said, "Did you know that Bill does crack and smack and can't even function in life, I wouldn't want to buy his business!", that could be slander.

As you see, it is much more than just passing comments or remarks needed to try to even consider a cause of action. And since these are usually hard to prove (certainly without any writing), attorneys don't take them on contingency. Meaning you would have to finance the entire case from pocket, an expensive venture. And pending a full examination of your case, at this point it sounds pretty weak.

My suggestion.. with all the things going on at this time, I wouldn't worry about the what-ifs and maybes of this claim.