Mike is the chair of the management department at a local university and Tom is an ethics professor in that department. They dislike each other immensely due to a number of professional and social disagreements. Mike calls Tom into his office and closes the door. He then informs Tom that he believes that Tom is guilty of plagiarism and also guilty of an improper sexual relationship with Kathy, a 19 year old management student. In fact, Tom is a happily married man who is extremely well respected in the community and has never committed adultery. Deeply believing in ethics, he has never committed plagiarism in his life. Furthermore, he has always been absolutely professional with regard to his student Kathy. Tom vehemently denies these charges and as he gets up to leave, Mike states, "Give me any more trouble and I go public." Tom goes right to his attorney who files a defamation law suit that afternoon.
A)Tom will win because the statements are both lies, challenging his integrity and character
B)Tom will win because his reputation has been damaged
C)Mike will win because as chair, he has a qualified privilege to make these types of statements
D)Mike will win because the statements were not published

Question

Mike is the chair of the management department at a local university and Tom is an ethics professor in that department.  They dislike each other immensely due to a number of professional and social disagreements.  Mike calls Tom into his office and closes the door.  He then informs Tom that he believes that Tom is guilty of plagiarism and also guilty of an improper sexual relationship with Kathy, a 19 year old management student.  In fact, Tom is a happily married man who is extremely well respected in the community and has never committed adultery.  Deeply believing in ethics, he has never committed plagiarism in his life.  Furthermore, he has always been absolutely professional with regard to his student Kathy.  Tom vehemently denies these charges and as he gets up to leave, Mike states, "Give me any more trouble and I go public."  Tom goes right to his attorney who files a defamation law suit that afternoon. ​
A)Tom will win because the statements are both lies, challenging his integrity and character
B)Tom will win because his reputation has been damaged
C)Mike will win because as chair, he has a qualified privilege to make these types of statements
D)Mike will win because the statements were not published

Quizplus · Accepted Answer

Defamation requires that the false statements be published or communicated to a third party. Since Mike's statements were made privately to Tom and not shared with others, they do not meet the publication requirement for defamation.

Mike Is the Chair of the Management Department at a Local