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Duty: To State What is Known About A Person, When Inquiry Is Made

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  • Legalbear
    Every one owes it as a duty to his fellowmen to state what he knows about a person, when inquiry is made; otherwise, whether or not men were honest could not
    Message 1 of 1 , Jan 6, 2013
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      Every one owes it as a duty to his fellowmen to state what he knows about a person, when inquiry is made; otherwise, whether or not men were honest could not be ascertained except by experience. But for such inquiries, it would often occur that parties about to enter into business relations with others would be unable to ascertain in advance their character with respect to integrity or capability. The interest of society demands and requires that inquiries may be made respecting such matters, and that answers thereto may be given without subjecting the party answering such inquiries to an action for libel or slander, for the opinion furnished in response to such inquiries; hence, where a party to whom an inquiry is addressed regarding another communicates bona fide without malice to the person making inquiry facts regarding the person inquired about, it is a privileged communication; and so it follows that a party is justified in giving his opinion in good faith of the integrity and standing of a tradesman in answer to an inquiry concerning him. —Townsend on Slander and Libel, ยง 241-a; Rude v. Nass, 24 Am. St. Rep. 717, 79 Wis. 321; Denver P. W. Co. v. Holloway, 34 Colo. 432; Harrison v. Bush, 5 Ellis & Blackburn 344.

       

       

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