Also known as:imputes · imputed · imputing · imputation · imputations · imputability · attribution
Written by attorneys — see sources below.
To attribute knowledge, liability, conduct, or characteristics to a person or entity by operation of law. The attribution occurs without regard to the actual knowledge or intent of the recipient and produces legal consequences such as liability or notice.
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Defamatory Broadcast Statement
Ian Iverson broadcasts on local radio that Israel Irving committed tax fraud. The statement reaches listeners in the community. Because the broadcast imputes a criminal offense to Irving, he may recover without proving special harm.
Corporate Name Amendment
Insight Consulting files articles of amendment that replace the word "Partners" with "Corporation" in its name. The filing imputes the new corporate designation to the entity without further action by shareholders.
Slander Alleging Crime
Isabelle Inman tells colleagues that Imani Idowu embezzled client funds. The statement imputes conduct that would constitute a criminal offense punishable by imprisonment. Imani may sue without proving special harm.
Isaiah Ishikawa tells neighbors that Isabella Ingram has a communicable skin disease. The statement imputes an existing loathsome and communicable condition. Ingram may recover damages without showing special harm.
Slander Alleging Sexual Misconduct
Integrity Partners circulates a memo stating that an employee engaged in serious sexual misconduct with a client. The memo imputes the conduct to the employee. The employee may sue without proving special harm.
Judicial Imputation of Motive
A court opinion criticizes a statute by suggesting that legislators acted to punish certain conduct. The opinion imputes that motive to the legislature even though the statute's text does not state it.
Griswold v. Connecticut381 U.S. 479 (1965)
Estelle Griswold served as Executive Director of the Planned Parenthood League of Connecticut. Dr. C. Lee Buxton served as the League's Medical Director and was a professor at Yale Medical School. Together they opened and operated a center in New Haven that was open from November 1 to November 10, 1961.
At the center they gave information, instruction, and medical advice to married persons as to the means of preventing conception. They examined the wife and prescribed the best contraceptive device or material for her use. Fees were usually charged, although some couples were serviced free.
The statutes involved were sections 53-32 and 54-196 of the General Statutes of Connecticut (1958 rev.). Section 53-32 made it a crime to use any drug, medicinal article or instrument for the purpose of preventing conception. Section 54-196 punished accessories as principals. The appellants were found guilty as accessories and fined $100 each.
The Appellate Division of the Circuit Court affirmed the convictions. The Supreme Court of Errors of Connecticut affirmed that judgment in State v. Griswold, 151 Conn. 544, 200 A. 2d 479. The United States Supreme Court noted probable jurisdiction.
The appellants asserted standing to raise the constitutional rights of the married persons with whom they had a professional relationship. A criminal conviction for serving married couples removes doubts about case or controversy. The rights of husband and wife would be diluted unless considered in a suit involving those who have this kind of confidential relation to them.
When does a slander become actionable without proof of special harm?
A slander becomes actionable without proof of special harm when it imputes a criminal offense, a loathsome disease, conduct incompatible with business or profession, or serious sexual misconduct. The imputation itself supplies the basis for liability.
Does the Model Business Corporation Act allow a corporation to impute a name change through amendment?
Yes. The Act permits a corporation to change its name by substituting words such as corporation or incorporated or by adding or deleting a geographical attribution. The amendment imputes the new name to the entity upon filing.
376 U.S. 254 (1964)
…so that he was being accused of "ringing" the campus with police. He further claimed that the paragraph would be read as imputing to the police, and hence to him, the padlocking of the dining hall in order to starve the students into submission. As to the sixth paragraph, he contended that since arrests are ordinarily…