Disparagement

In old English Law, an injury resulting from the comparison of a person or thing with an individual or thing of inferior quality; to discredit oneself by marriage below one's class. A statement made by one person that casts aspersions on another person's goods, property, or intangible things.

In torts, a considerable body of law has come about concerning interference with business or economic relations. The tort of injurious falsehood, or disparagement, is concerned with the publication of derogatory information about a person's title to his or her property, to his or her business in general, or anything else made for the purpose of discouraging people from dealing with the individual. Generally, if the aspersions are cast upon the quality of what the person has to sell, or the person's business itself, proof of damages is essential.

Disparagement of goods is a false or misleading statement by an entrepreneur about a competitor's goods. It is made with the intention of influencing people adversely so they will not buy the goods.

Disparagement of title is a false or malicious statement made about an individual's title to real or Personal Property. Such disparagement may result in a pecuniary loss due to impairment of vendibility that the defamatory statements might cause.

Cross-references

Defamation.

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DISPARAGEMENT. An injury by union or comparison with some person or thing of inferior rank or excellence; as, while the infant was in ward, by the English law, the guardian had the power of tendering him a suitable match without disparagement. 2 Bl. Com. 70.