Disparagement


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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.

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.

References in periodicals archive ?
Due to continuous disparagement over development projects, the charge had been taken from aged Syed Qaim Ali Shah and was replaced by a relatively young, promising and ambitious to deliver another PPP stalwart Syed Murad Ali Shah in July 2016.
It is indeed tragic that the state's leadership seeks to question the legitimacy of the judiciary in harsh words in the wake of erroneous threats, as such political parties too should be reminded to exercise restraint in their magniloquence; where the criticism of the judiciary is their right, disparagement and delegitimistaion is not; the court of law and its superior judiciary has to be accorded due respect as the veneration of that office upholds law and order in a country.
Those statutes comprise what came to be known as the Disparagement Clause.
Author Lisa Congdon brings hope back to all women who are both insulted and frustrated by the disparagement of maturity.
This is no kindergarten tiff, with an election ticking towards us and Mr Sharif already having tinkered with primary legislation in order to allow him to lead the PML-N into the election, his disparagement of the apex judiciary is at best unbecoming, at worst unconstitutional.
Tam, in which the Court held that the Disparagement Clause was unconstitutional as a violation of the Free Speech Clause of the First Amendment.
The intimidation, assaults, disparagement and menacing complained of by Kelleway will be only too familiar to those coming forward in the wake of the Harvey Weinstein and other scandals.
As someone who has retained her faculties well past seventy, I find it a tad distressing that a columnist for a magazine that affirms "the dignity of each human being" would indulge in such a block disparagement, either of Coulter fans or old people.
(2) But in December 2015, the Federal Circuit, en banc, held that section 2(a)'s disparagement bar was unconstitutional in the case of Simon Tam, an Asian-American seeking to register an anti-Asian slur in order to reclaim its negative meaning.* (3) The government apparently agrees that this holding also invalidates section 2 (a) 's scandalousness bar, (4) and the Supreme Court granted certiorari to review the decision in September 2016.
Ljupco Popovski comments in Utrinski vesnik that those who followed the public discussion in the assembly during the "hearing" of Janeva witnessed an entire show of mockery, insults, belittlement, underestimation, disparagement, lecturing and disputing which was addressed against special public prosecutor Katica Janeva.
The Slippery Slope of Trademark Disparagement. Supreme Court Here We Come (Again).
In Japan one sneeze signifies praise; two criticism; three disparagement. In which country is one sneeze answered with the word salud (health); two with dinero (money); three with amor (love) and four or more with alergias (allergies)?