Also known as: truth/falsity · falsity
Written by attorneys · grounded in primary & secondary sources — see below
A factual attribute of a statement or representation indicating whether it corresponds to reality. In tort and constitutional law the attribute determines whether a plaintiff must prove falsity to recover and whether a defendant acted with knowledge of falsity or reckless disregard for the truth.
Tamara Tan, defense counsel in a contract dispute, receives an email from her client containing an altered invoice. Tan recognizes the alteration because the original invoice she reviewed earlier shows different figures. When the client urges her to introduce the altered invoice at trial, Tan declines and informs the tribunal of the discrepancy.
Timothy Tang, a reporter, interviews a city council member and records the statement that taxes may need to rise. In the published article Tang inserts the word must instead of may, changing the meaning to a firm prediction of a tax increase. The council member sues for defamation and proves the alteration was deliberate and materially changed the statement's meaning.
Select any source to read its text and confirm it supports the definition.
Tanya Tang purchases a commercial building after the seller states that the roof is new. Tang could have inspected the building permit records showing the roof was twenty years old, yet she proceeds without checking. When leaks appear, Tang sues for fraudulent misrepresentation and prevails because reliance on the seller's statement remains justified even without investigation.
Tobias Thomas, a lawyer running for judge, publicly claims that the incumbent judge routinely accepts bribes from defense counsel. Thomas possesses no evidence and later admits he made the statement to generate publicity. The incumbent files a disciplinary complaint alleging violation of the rule against knowingly false statements about judicial qualifications.
Tracy Torres, a state legislator, sues a newspaper for reporting that she steered contracts to a relative. The article contains several inaccuracies. Torres must prove by clear and convincing evidence that the newspaper published the statements with knowledge of their falsity or reckless disregard for the truth.
Travis Tate buys land after the seller states that mineral rights are included. Tate already reviewed the deed that expressly reserves the mineral rights to the seller. When the seller later extracts minerals, Tate's fraud claim fails because he knew the statement was false at the time of purchase.
A public official must prove by clear and convincing evidence that the defendant published the statement with actual malice, defined as knowledge that the statement was false or reckless disregard for its truth or falsity.
A lawyer may refuse to offer evidence, other than a criminal defendant's testimony, that the lawyer reasonably believes is false. If the lawyer later learns that material evidence already offered is false, the lawyer must take reasonable remedial measures including disclosure to the tribunal if necessary.
No. The recipient remains justified in relying on the misrepresentation even if an investigation would have disclosed its falsity, unless the recipient already knows the statement is false or its falsity is obvious.
A lawyer may not make a statement the lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge or judicial candidate.
Yes, if the alteration results in a material change in the meaning conveyed by the statement. Trivial or non-material changes do not suffice.
…because the statements were libelous per se, "the law . . . implies legal injury from the bare fact of publication itself," "falsity and malice are presumed," "general damages need not be alleged or proved but are presumed," and "punitive damages may be awarded by the jury even though the amount of actual damages is…