meri75 is offline meri75 Post #1  November 21,2009, 2:51pm
meri75's Avatar

really wants a double dissolution in 2011!

Power Poster

Joined: Mar 2009

Australia

Posts: 5,112

See profile

When a document is a matter of public record and within that document it contains an opinion by an expert which is based upon lies and half-lies (there are several), is this defamation or libel? Or both? If they are different, how do they differ?

Yes, the opinion expressed by the expert is damaging to a third party who was not aware that this has been a matter of public record for some time.
 
  Reply With Quote
Sassafras54 is online now Sassafras54 — Advice Official Moderator Post #2  November 22,2009, 11:24am
Sassafras54's Avatar

Your Community Coordinator

Moderator

Joined: Oct 2009

San Pedro, CA

Posts: 9,088

See profile

I think you would have to talk to a lawyer about this. And the law in the US and Australia could be different.

Did the expert tell the lies, or just give an opinion that was based on bad information that they couldn't reasonably be expected to know was bad?

I'm not aware of "defamation" being a legal term in the US, but that doesn't mean it isn't; and could be different in Australia.

There could also be a statute of limitations -- e.g. if it's been out in the public record for a long time, it may be too late to do anything about it.

I think you just have to see a lawyer if this is important to you. Good luck!
 
  Reply With Quote
neardc is offline neardc Post #3  November 22,2009, 11:27am
neardc's Avatar

Toodles, sayonara, and happy trails! Wishing everyone luck and love...

Power Poster

Joined: Jun 2008

Posts: 8,050

See profile

Libel is simply in written form. So, to defame someone in written form (e.g., a letter, a newspaper, a book, etc.) would be libel.

I don't think that an "opinion" is a strong basis for defamation, though. An opinion is an opinion and not necessarily a statement of fact. But, whether it is generally perceived as such depends in part on context (what was said and by whom).

You don't provide enough information to evaluate the situation you're referring to, though (even by an actual lawyer...lol).
 
  Reply With Quote
meri75 is offline meri75 Post #4  November 22,2009, 1:02pm
meri75's Avatar

really wants a double dissolution in 2011!

Power Poster

Joined: Mar 2009

Australia

Posts: 5,112

See profile

Thank you both.

Sorry, I should have been a little clearer.

The expert has not told lies. The expert has formed an opinion in their professional capacity of Person A. The expert outlines in their letter how the opinion was formed, and with which information the expert had to form the opinion. For example, the expert referred to items such as:

~ length of retirement (false)
~ detailed some financial status re a personal loan (false)
~ detail re Superannuation (false)
~ detail re documentation for Enduring Guardianship and Power of Attorney (false, false)
~ how the above 'powers' (I don't know what to call them) were invoked (false)
~ detail re income (false)

In fact, not one of the points listed was fully accurate and yet was used to provide a legal statement that Person B is at risk of financial abuse by Person A.

I'm not Person A or B (thankfully), but both Persons are known to me. There is an open investigation in place.

I did try to check with a lawyer. The answer I got was as clear as mud!
 
  Reply With Quote
notyet is offline notyet Post #5  November 22,2009, 8:13pm
notyet's Avatar

Power Poster

Joined: Nov 2008

Posts: 5,276

See profile

meri75 wrote :
...The answer I got was as clear as mud!
i'm thinking that your system isn't much different than ours. laws written by attorneys to be purposefully opaque so that the lawyers can earn as much as possible.
 
  Reply With Quote
Sassafras54 is online now Sassafras54 — Advice Official Moderator Post #6  November 22,2009, 8:28pm
Sassafras54's Avatar

Your Community Coordinator

Moderator

Joined: Oct 2009

San Pedro, CA

Posts: 9,088

See profile

I would think if person A could show that all that info was false, then the expert's opinion would get thrown out.

Whether the expert committed libel (written) or slander (oral) defamation I think would depend on whether the expert knew or should have known that the info was false. I believe for something to be libelous/slanderous, the person has to write/say something that's damaging, and also has to know that it's false. I would wonder how the expert got so much bad info. But! I'm not a lawyer. Sometimes what's legally true is not intuitive!

Sounds like a big horrible situation!
 
  Reply With Quote
nightling is offline nightling Post #7  November 22,2009, 8:32pm
nightling's Avatar

all I'll leave are smoke rings in the dark.

Power Poster

Joined: Sep 2009

Misery

Posts: 6,943

See profile

meri75 wrote :
When a document is a matter of public record and within that document it contains an opinion by an expert which is based upon lies and half-lies (there are several), is this defamation or libel? Or both? If they are different, how do they differ?

Yes, the opinion expressed by the expert is damaging to a third party who was not aware that this has been a matter of public record for some time.
What document? I think an opinion issued due to a court order is not likely to be considered libel.
 
  Reply With Quote
nightling is offline nightling Post #8  November 22,2009, 8:34pm
nightling's Avatar

all I'll leave are smoke rings in the dark.

Power Poster

Joined: Sep 2009

Misery

Posts: 6,943

See profile

meri75 wrote :
Thank you both.

Sorry, I should have been a little clearer.

The expert has not told lies. The expert has formed an opinion in their professional capacity of Person A. The expert outlines in their letter how the opinion was formed, and with which information the expert had to form the opinion. For example, the expert referred to items such as:

~ length of retirement (false)
~ detailed some financial status re a personal loan (false)
~ detail re Superannuation (false)
~ detail re documentation for Enduring Guardianship and Power of Attorney (false, false)
~ how the above 'powers' (I don't know what to call them) were invoked (false)
~ detail re income (false)

In fact, not one of the points listed was fully accurate and yet was used to provide a legal statement that Person B is at risk of financial abuse by Person A.

I'm not Person A or B (thankfully), but both Persons are known to me. There is an open investigation in place.

I did try to check with a lawyer. The answer I got was as clear as mud!
I don't see libel here. You may have grounds to contest the accuracy of the opinion.
 
  Reply With Quote
neardc is offline neardc Post #9  November 22,2009, 9:09pm
neardc's Avatar

Toodles, sayonara, and happy trails! Wishing everyone luck and love...

Power Poster

Joined: Jun 2008

Posts: 8,050

See profile

Right, nightling. It also can't be assumed that even if the information were "more" accurate, the expert would not have reached the same conclusion.

It would seem that the attorney representing the other party should be the one to provide clear evidence to the court that contradicts whatever the expert used. Then the situation could be reevaluated...
 
  Reply With Quote
meri75 is offline meri75 Post #10  November 23,2009, 2:14pm
meri75's Avatar

really wants a double dissolution in 2011!

Power Poster

Joined: Mar 2009

Australia

Posts: 5,112

See profile

Again, thank you all for your responses.

Sassafras54 - yes, it is horrible and I am hoping it will be resolved amicably soon; though I don't feel very confident that will be the outcome. It has been ongoing for some time now.

Nightling - the document concerned is a medical report. If the expert had not branched off into making comments which can be proven to be untrue, I would not be concerned. I have since received a second report from the same expert and this one contains none of the comments found within the first report.

NearDC - this is a legal hearing, but neither side are allowed to be represented at the hearing by their lawyers without prior approval of the presiding court. (I was stunned to read this on the fact sheet sent to me)

I think you are right with your point re assumption. But I think it is also a fair assumption that had the expert been working with factual data, they may not have stated that Person B is at risk of financial abuse by Person A. It is this statement which greatly bothers me, as I believe it is defamation of character in permanent, written form. Which I think may fall under libel laws here.

Anyway, your responses have been very useful in helping me to decide what to do. So, I have written refuting the inaccurate facts by providing the accurate data to each point stated without going off into the deep end. I wish I could say it was only one report I had to do this with ... six hours it took to respond to everything. No wonder I have a headache! lol
 
  Reply With Quote
Reply
  • Page 1 of 2
  • 1
  • 2


« Wrong Answer Game | Chit Chat | Man kills wife in his sleep - do you believe him? »
Topic Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new topics
You may not post replies
You may not post attachments
You may not edit your posts
BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are Off

Looking for a Great Relationship?

Get started now. Fill out this form and take the questionnaire to receive your matches.

First Name:

I'm a:
seeking

Postal Code:

Country:

Email:

Confirm Email:

Password:


How did you hear about us?


Latest on our Dating Advice Discussion Boards

“He broke up...The best way to stay hung-up is to keep dwelling,wishing, hoping, reminiscing....Like staring at an empty bottle of booze when you are trying to quit drinking. Rather than focus on a ... ” –  Wiseman2

Join the “Can I wait and move on at the same time?” discussion

“Oh how annoying - I had typed a HUGE post prompted by TheThinker's query as to why I would think it a good idea to wait 5-10 years to date/or until children are out of the house. I am too annoyed to ... ” –  picklesNcream

Join the “Transition from dating to relationship” discussion

“This is very true. If someone has a truly old /outdated account since the questionnaire was altered then it's a decent solution. It's become an urban legend on eHA that this is a good idea. Mostly ... ” –  Wiseman2

Join the “Different Strategy” discussion

“Shared interests and ones who are laddetts for mine.” –  ian80au

Join the “Green Flags in Profiles” discussion

“Completely cancel /delete your existing account. That will also cancel /delete all long-dead, geographically irrelevant matches. Since you are in a new area it's silly to use an old /outdated ... ” –  Wiseman2

Join the “Removing old matches - there has to be a better way” discussion

“I'm very sorry for your loss, Suzanne. It's not surprising you're feeling confused and making some memory errors. That happened to me too when my mother died. Life just isn't normal for awhile. ... ” –  Sassafras54

Join the “Photo Review” discussion

“I am closing this thread since the Original Poster (OP) was asking about the eHarmony of 2-1/2 years ago -- the thread is old (see date in the upper right of the first post). Some responses will no ... ” –  Sassafras54

Join the “What about a "PET BOX" ?? again this sounds simple or??” discussion

“Thanks for your advice guys, really helps out. I guess everything is a matter of balance, which isn't something that I can work out right now. I think I will focus on school for the remaining 3 years ... ” –  jrw93

Join the “Should I ever date in college?” discussion



All times are GMT -8. The time now is 4:14am.

Discussion Boards Archive

Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2012, vBulletin Solutions, Inc.
Search Engine Friendly URLs by vBSEO 3.6.0