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wrongly acusing someone of fraud (slander?)

  • 20-08-2014 4:01pm
    #1
    Registered Users, Registered Users 2 Posts: 3,027 ✭✭✭


    What would a person be guilty of if they wrote to someone like a company director and 'suggested' that they believe they are making changes to the company accounts to favour family members and other people by altering the prices of good and services or writing off debt entirely. Is that the same as accusing someone of fraud? If you had no proof as well to back this up would that make a difference?

    Would the accused director have any real recourse to take action against these comments as they have a written record?

    How realistic is it that any director would take a legal case and what would the potential outcome be?


Comments

  • Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    If the person wrote to the person they are saying is committing fraud then no defamation.


  • Registered Users, Registered Users 2 Posts: 3,027 ✭✭✭Lantus


    If the person wrote to the person they are saying is committing fraud then no defamation.

    are they guilty of anything then? What if another person was written to as well, say a fellow company director?

    Does it have to be that the statement is published or more than just the recipient gets it? If that's the case could you write to someone individually accusing them of anything? harming kids, rape, murder etc... and its not an offence in the slightest? Seems a bit weird.


  • Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    Lantus wrote: »
    are they guilty of anything then? What if another person was written to as well, say a fellow company director?

    Does it have to be that the statement is published or more than just the recipient gets it? If that's the case could you write to someone individually accusing them of anything? harming kids, rape, murder etc... and its not an offence in the slightest? Seems a bit weird.


    Published means a third party receives the information either verbally or in written form. The person may have a defense of qualified privilege.


  • Registered Users, Registered Users 2 Posts: 3,027 ✭✭✭Lantus


    so privately you can say anything to anyone and its free game? Even if the comments are untrue or hurtful?


  • Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    Lantus wrote: »
    so privately you can say anything to anyone and its free game? Even if the comments are untrue or hurtful?

    Well if you make a habit of it you could fall foul of harassment law.


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  • Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    Lantus wrote: »
    so privately you can say anything to anyone and its free game? Even if the comments are untrue or hurtful?

    If we made it a civil or criminal wrong people could not talk to each other having your feeling hurt is usually not a crime or a tort.


  • Registered Users, Registered Users 2 Posts: 2,781 ✭✭✭amen


    ianal but if for instance the person is the company accountant they have may have a legal responsibility to bring any financial irregularities to the attention of the board/directors/share holders.


  • Registered Users, Registered Users 2 Posts: 4,632 ✭✭✭NoQuarter


    Could also be an honest opinion defence.


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