Although it was a Friday and the weekend was fast approaching in Doug Acres mind there was no reason to celebrate. Doug had just heard the news that his coworker, Patty Peppers, had just received the much-coveted promotion that he had been vying for since his first day of employment at Land Enterprises Inc.
Patty's promotion meant that she would receive about $15,000 more per year in salary, greater professional exposure, and an opportunity to climb the corporate ladder even higher. Doug felt that he deserved the promotion more than Patty did. After all, Doug had superior education and training compared to Patty, he had worked on higher priority accounts than she, and his customers had rated him very highly. Doug felt that the real reason Patty received the promotion was that she was in a romantic relationship with her manager, Marcy Tomei. Doug based this on his observation of them in the workplace as they were always together, and on social media as they were apparently always together outside of work too, including vacations. Additionally, a substantial amount of office gossip was related to the rumor that Patty and Marcy were “an item.” After that weekend, Doug decided to approach Marcy about the promotion. In a business meeting between Doug and Marcy in her office late Monday afternoon, Doug spoke his mind relaying his belief that Marcy and Patty were in a romantic relationship, sharing with her all his observations that led to that conclusion, and expressing his belief regarding what led to patty's promotion. Marcy was furious, responding, “Doug that is absolutely untrue! Patty and I are not in a relationship, we are just friends. Patty has been a godsend
to me, being there after my divorce but always as a friend and nothing more! I cannot believe that you would have me entertain such a vicious lie. I will be talking to my lawyer about this!”
Marcy's primary concern regarding her encounter with Doug (aside from her belief that it was nobody's business who she chooses to be in a relationship with) is that others will hear the news and that that will be harmful to both her and Patty's careers. Marcy then files and serves a civil suit against Doug alleging defamation.
Douglas approaches you, his friend, knowing that you are currently enrolled in a business law class, and asks you what your thoughts are regarding the lawsuit. Of the two types of defamation which one is Marcy alleging in her lawsuit against Doug? Including in your response the definition of both libel and slander. What are the three elements of a defamation case? What are the three most common defenses to defamation liability? Between Marcy and Doug who will likely prevail in the lawsuit and why?