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Business Communication Legal Aspects

Nov 11, 2014

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  • 1. Legal Aspects f Business C mmunication Prepared by: Bilal Adenwalla Junaid Abdul Hafeez Naqash Inayat Ali Tahami Uddin Qureshi Rehan M Nasir Designed by: Rehan M Nasir 1|Page
  • 2. ACKNOWLEDGMENTAlhamdulillah, first of all we would like to thank God as finally we were able to finishour assignment that have been given by Business Communications lecturer to us. Thistask had been done with all afford by group members even though a little bit problemwere happened among us while doing this assignment. Luckily, all the problems can besettle down and we were able to adapt properly and wisely.On the other hand, big thank also we address to our Business Communications lecturerProf. Hassan Raza that always teach us and guide us to understand the things that weshould know while studying Business Communication and also in producing good projectwork. He always gives us supports and guide to us how to do our assignment in purposeto produce a good outcome from research that been studied.Finally, thank to our beloved friend that always stick together and also work hard toproduce a good assignment with all afford and responsibility. Hope that all the afford willgive a lot of benefits to us and also to our group project. 2|Page
  • 3. TABLE OF CONTENTSPART 1 DEFAMATION 05DEFAMATION 06TYPES OF DEFAMATION 06TERMS OF DEFAMATION 07AVOIDING THREE CAUSES OF LEGAL PROBLEMS 09PART 2 INVASION OF PRIVACY 10INVASION OF PRIVACY 11WHO ARE THE MOST UNPROTECTED PERSONS? 11ASPECTS OF INVASION OF PRIVACY 11TOOLS FOR INVASION OF PRIVACY 12PART 3 FRAUD AND MISREPRESENTATION 16FRAUD 17MISREPRESENTATION 17DIFFERENCE BETWEEN FRAUD AND MISINTERPRETATION 17TYPES OF MISREPRESENTATION 18PART 4 CREDIT COLLECTION AND EMPLOYMENT 20CREDIT 21TIPS FOR COLLECTING CREDIT 21EMPLOYMENT COMMUNICATION 22WRITING APPLICATION LETTERS 23INTERVIEWING FOR A JOB 24TYPES OF INTERVIEWS 24 3|Page
  • 4. TABLE OF CONTENTSPART 5 OTHER AREAS OF CAUTION 25ADVANCES AND TRENDS IN COMMUNICATION TECHNOLOGY 26SOME BASIC COMMUNICATION TECHNOLOGY TERMS 27TECHNOLOGY, LEGAL, AND ETHICAL ISSUES 28OTHER TECHNOLOGY PRIVACY ISSUES 31REFERENCES 32 4|Page
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  • 6. It is the act of harming the reputation of another by making a false statement to anotherperson. The act of defamation may be through a false written or oral statement. ORDefamationalso called calumny, vilification, tradesmen, slander (for transitorystatements), and libel (for written, broadcast, or otherwise published words) is thecommunication of a statement that makes a claim, expressly stated or implied to befactual, that may give an individual, business, product, group, government, religion, ornation a negative or inferior image. This can be also any disparaging statement made byone person about another, which is communicated or published, whether true or false,depending on legal state. In Common Law it is usually a requirement that this claim befalse and that the publication is communicated to someone other than the person defamedthe claimant.1. Libel2. SlanderLibel: Libel is the legal term for a written defamatory statement. Libel is the type ofdefamation with a permanent record, like a newspaper, a letter, a website posting, anemail, a picture, or a radio or TV broadcast. If you can prove that someone libeled you,and that person does not have a good defense, then a court will presume that you suffereddamages and award you money to pay for your damaged reputation. But going toSupreme Court is expensive and even if you win, you may not get as much as it costs youto sue. In deciding on damages, the Court will consider your position in the community. For example, if you are a professional, damages may be higher.Slander: Slander is the legal term for an oral statement. Slander is the type ofdefamation with no permanent record. Normally its a spoken statement. It can also be ahand gesture or something similar. The law treats slander differently than libel: withslander, you have to prove you suffered damages, in the form of financial loss, to getcompensation. But with libel, the law presumes you suffered damages. For example, saythat Bill told John you were a cheat, and then John refused to do business with you 6|Page
  • 7. because of that. You sue Bill and prove that you lost business with John because of whatBill said. Bill would have to pay you for the loss of Johns business, but not for thegeneral damage to your reputation. It can be very hard to prove this sort of financial loss.Thats why most slander cases never go to court.An example of libel would be someone writing that another person is a thief. If thewritten statement is not true, the writer can be sued for libel. An example of slander issomeone telling others that Bilal is a thief. If the statement is not true, the speaker can besued for slanderAnother example, in Pakistan is that few years ago a private news channel of Pakistanand a very famous one Geo Television network break the news that President of PakistanMr. Zardari got married with some woman but that was a slander firstly because the newsfirst start on headline and after that it becomes libel when the news caster read it. For thisfalse news Mr. Zardari put an obligation of Rs. 1Million and also take action to sue thenews channelA key element in defamation is making certain information public that statement leads tounderstand two legal terms.1. Publication2. PrivilegePublication: Its mean the defamatory material coming into the knowledge of a thirdperson other than the defamed one. Therefore, a letter containing negative idea or astatement about a person should be addressed to him directly. In a seal envelop. Marked private. Such message should not be dictated or send though fax.Privilege: A legal right to communicate defamatory material or information in certainsituation is privilege. Privilege provides a complete bar and answer to a defamation suit,though conditions may have to be met before this protection is granted. Privilege is any 7|Page
  • 8. circumstance that justifies or excuses a prima facie tort. It can be said that privilegerecognizes a defendants action stemmed from an interest of social importance - and thatsociety wants to protect such interests by not punishing those who pursue them. Privilegecan be argued whenever a defendant can show that he acted from a justifiable motive.While some privileges have long been recognized, the court may create a new privilegefor particular circumstances.There are two types of privilege in the common law tradition:1. Absolute privilege2. Qualified or conditional privilege1. Absolute Privilege: It has the effect that a statement cannot be sued on asdefamatory, even if it were made maliciously; a typical example is evidence given incourt (although this may give rise to different claims, such as an action for maliciousprosecution. It is the peculiar right which arises out of one rank, position or nature. It istimed to 2 areas. a. Judicial Proceedings: A legal proceeding in a court; a judicial contest to determine and enforce legal rights. Or any action by a judge likes hearing trial or other matter before the court. The defendant is summoned to court after a plaintiff sues and the trial is heard in front of a judge. Again, the judge may not be the one to make the decision on whether the defendant is guilty or not, as a jury trial is common in civil litigation as well. b. Legislative Proceedings: Continuing on in our series on the defenses to a cause of action for defamation relates to statements made in a legislative proceeding. Like statements made in judicial proceedings, statement. Which are made in legislative proceedings are absolutely privileged pursuant to Civil Code section 47(b).2. Conditional Privilege: Communication in good faith is not subject to legal action.Defamatory statements in ordinary business activities are qualified privilege whether theyare communicated interdepartmentally or outside of the organization. OR 8|Page