[Foundation-l] Future board meeting (5-7 april 08)

Dan Rosenthal swatjester at gmail.com
Sat Apr 12 16:53:10 UTC 2008

 From Black's Law Dictionary:

Disparagement n. 1. A derogatory comparison of one thing with another  
<the disparagement consisted in comparing the acknowledged liar to a  
murderer>. 2. The act or an instance of castigating or detracting from  
the reputation of, esp. unfairly or untruthfully <when she told the  
press the details of her husband's philandering, her statements  
amounted to disparagement>. 3. A false and injurious statement that  
discredits or detracts from the reputation of another's property,  
product or business. To recover in tort for disparagement. the  
plaintiff must prove that the statement caused a third party to take  
some action resulting in specific pecuniary loss to the plaintiff. --  
Also termed injurious falsehood. -- More narrowly termed slander of  
title; trade libel; slander of goods. See TRADE DISPARAGEMENT. Cf.  
commercial defamation under DEFAMATION. [Cases: Libel and Slander  
KeyCite 130, 133. C.J.S. Libel and Slander; Injurious Falsehood  
§§204-206, 209.]  4. Reproach, disgrace, or indignity <self-importance  
is a disparagement of greatness>.  5. Hist. The act or an instance of  
pairing an heir in marriage with someone of an inferior social rank  
<the guardian's arranging for the heir's marriage to a chimney sweep  
amounted to disparagement>. -- disparage, vb.

(Westlaw is down, so I had to hand type this from my hard copy, so any  
errors are from my typing).

On Apr 12, 2008, at 9:05 AM, Thomas Dalton wrote:

>> Still, when someone has signed a document where it is stated that  
>> should
>> he disparage (whatever that means) a board member, a staff member  
>> or the
>> Foundation generally, he will be led in court, I expect that a board
>> member will think double before raising a touchy issue; and might  
>> prefer
>> closing his eyes to possibly getting in trouble.
> The agreement didn't define "disparage"? In that case, is there a
> standard legal definition which is more precise than the everyday one?
> (I guess that question is directed at Mike.)
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