SLANDER consists in the malicious speaking of such words as render the party who speaks them in the hearing of others liable to an action at the suit of the party to whom they apply. The'mere speaking of the defamatory words instead of the writing of them is that which constitutes the difference between libel and slander. [LIBEL] Slander is of two kinds : ono, which is actionable, as necessarily importing some general damage to the party who is slandered ; the other, which is only actionable where it has actually caused some special damage. The first kind includes all such words as impute to a party the commission of some crime or misdemeanor for which he might legally be convicted and suffer punishment, as where one asserts that another has committed treason. or felony, or perjury. It also includes such words spoken of a party, with reference to his office, profession, or trade, as impute to him malpractice, incompetence, or bankrnptey; as of a magistrate, that he is partial, or corrupt ; of a clergyman, that " he preaches lies in the pulpit ;" of a barrister, that " he is a dunce, and will get nothing by the law ;" and so on : or that tend to the disherison of a party, as where it is said of one who holds lands by descent, that he is illegitimate. Where a party is in posses sion of Lands which be desires to sell, he may maintain an action against any one who slanders his title to the lands ; as by stating that he is not the owner. With respect to the second kind of slander, the law Will not allow damage to be inferred from words which are ' not in themselves actionable, even although the words are untrue and spoken maliciously. But if, in consequence of such words being so spoken, a party has actually sustained some injury, he may maintain an action of slander against the person who has uttered them. In
such case the injury must be some certain actual loss, and it must also arise as a natural and lawful consequence of speaking the words. No unlawful act done by a third person, although he really was moved to do it by the words spoken. is such an injury as a party can recover for in this action. Thus, the loss of the society and entertain ment of friends, of an appointment to some office, the breach of a marriage engagement caused by the slanderer's statement, are injuries for which a party may recover damages. But he can have no action because in consequence of such statement certain persons, to use an illustration of Lord Ellenborough's, " have thrown him into a horse pond by way of punishment for his supposed transgression." With respect to both kinds of elanier, it is immaterial in what way the charge is conveyed, whether by direct statement, or obliquely, as by question, epithet, or exclamation.
Two cannot join in bringing one action of slander, except in the case of husband and wife, or of partners for au injury done to their joint trade ; nor can an action be brought against two, except a husband and wife, where slanderous words have been spoken by the wife.
In answer to an action of slander the defendant may plead that the words spoken were true, or that they were spoken in the course of a trial in a court of justice. and were pertinent to the case; or formed the subject of a confidential communication, as where a party on application bond fide states what he believes to be true relative to the character of a servant, or makes known facts merely for the purpose of honestly warning another in whom he is interested. (Com., Dig., Action on the Case for Defamation,' D. 1, dm.)