Questions 19 and 20 are based on the following fact pattern….
Questions
Questiоns 19 аnd 20 аre bаsed оn the fоllowing fact pattern. Parker sold his business, Little Corp, to Big Corp, in return for Big Corp stock. Shortly thereafter, some irregularities in Big Corp’s published financial information came to light, and Big Corp’s stock dropped sharply (making the payment effectively received by Parker for Little Corp less than he expected). At a meeting of Big Corp’s board of directors (to which Parker had been elected), Parker said, “If you don’t sell Little Corp back to me in return for the Big Corp stock I received, I will bring a suit against Big Corp and all of you directors, charging securities law violations.” Denise, one of the board members, responded, “Parker, you’re a blackmailer, and I vote that we tell this blackmailer to shove it.” The board refused Parker’s request. Parker then brought a slander action against Denise for calling him a blackmailer.20. Assume all the facts in the fact pattern occurred and that after Denise called Parker a blackmailer and gave her vote, another director, Dan, stood up and said, “I agree with Denise. Anyways, I’ve watched Parker’s behavior for a number of years, and I think he’s a thief, so let’s expel him from the board.” Assuming that Parker is able to demonstrate that he has not engaged in any conduct that would be punishable as theft, embezzlement, larceny, etc., under criminal law, may Parker recover for slander against Dan? (Assume that Dan’s mental state is not at issue in the case.)
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