Abstract
Libel means written defamation; slander means oral defamation. Certain statements, whether orally or in writing, are said to be actionable per se; that is, the damage to the individual defamed will be inferred from the very nature of the statement itself. The statements which are actionable per se are of three kinds: first, those imputing to another a crime punishable by law; second, those charging him with having some contagious disorder or being guilty of some debasing act which may exclude him from society; and third, those made on another in reference to his trade, office, or profession, calculated to injure him therein.' In the case of any defamatory statement not falling into one of these three classes, proof of special damage must be presented before the statement will support a cause of action.2 It is the third of these categories of statements actionable per se with which this article is concerned. The cases falling within this general classification are as a rule rather narrowly interpreted, as is indicated by the following rule:
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