Also known as:disparagatio · disparagation · disparagates · disparagated · disparagating · disparagement · disparage
Written by attorneys · grounded in primary & secondary sources — see below
A historical legal verb denoting the act of casting disrepute on another's property, goods, or reputation through false statements that impair vendibility or value.
Sources & Authorities· 6 sources
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Restatements
Dictionaries
How it applies
Common Examples
6
False Statements Impair Deal
Dixon Foods was negotiating the sale of its distribution center to Dakota Industries. Dawson Steel told Dakota Industries executives that Dixon Foods' title was clouded by undisclosed liens. The statements were false. Dakota Industries withdrew, causing Dixon Foods immediate loss of the sale price and added legal fees to clear title.
Rival Supplier False Report
Acme Parts told buyers that Beta Supply's inventory contained defective components. The claim was knowingly false and caused buyers to cancel orders. Beta Supply lost immediate sales revenue and incurred costs to publish corrective notices.
Land Title False Lien Claim
Green Acres Realty was under contract to sell farmland to Horizon Developers. North Bank falsely recorded an expired mortgage lien on the property. Horizon Developers walked away, forcing Green Acres Realty to sue to quiet title and pay carrying costs.
TechMart posted that Prime Electronics' new router suffered repeated failures. The review was fabricated by a competitor. Prime Electronics lost retailer shelf space and spent funds on independent testing to restore buyer confidence.
Business Credit False Statement
Metro Bank told vendors that Central Logistics was insolvent. The report was untrue and caused vendors to demand cash payment. Central Logistics lost access to trade credit and incurred added financing expenses.
Patent Ownership False Assertion
NovaChem told investors that Apex Pharma's key patent was invalid due to undisclosed prior art. The assertion was false. Apex Pharma lost a planned licensing round and paid counsel to obtain a clarifying opinion letter.
Common questions
Frequently Asked
2
What pecuniary losses are recoverable for injurious falsehood involving disparagement?+
A publisher is liable only for losses that result directly from third-party conduct, including impaired vendibility, plus reasonable expenses to counteract the publication such as litigation costs. Proof may come from identified persons or from aggregate market effects.
When does knowingly false disparagement support an interference claim?+
Knowingly false statements about a competitor's financial condition or product quality that derail a prospective deal constitute improper interference. The plaintiff must show an existing expectancy, the defendant's knowledge, intentional falsehoods, and resulting economic harm.
576 U.S. 644 (2015)Legislation and Regulation
…denied. Under the Constitution, same-sex couples seek in marriage the same legal treatment as opposite-sex couples, and it would disparage their choices and diminish their personhood to deny them this right. The right of same-sex couples to marry that is part of the liberty promised by the Fourteenth Amendment is derived,…