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Business Disparagement, also sometimes referred to as Trade Libel, occurs when a party makes false and disparaging statements against the goods or services of a business, resulting in economic losses. Similar statements directed at an individual’s business reputation, as opposed to the products or services of the business itself, may constitute Defamation per se.
The elements of business disparagement are:
- A false and disparaging statement;
- The unprivileged publication of the statement by the accused party;
- Special damages.