Could Providers start sueing Hobbyist for bad reviews?

Poet Laureate's Avatar
[QUOTE=awl4knot;1052034344]Defamation suits for bad reviews would turn the law on its head. Calling a woman a whore is libel per se. The defamation is presumed and the only defense is truth - she is a whore.

[QUOTE]

Actually, truth is not the only defense. But it is an absolute defense, meaning if you can prove it was true, it doesn't matter how much the lady was harmed.
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Another defense might be that there was no damage to her reputation, because she is, after all, a whore. Not saying I agree with that, but the attorney representing the defendant would most certainly use that argument.
i can't see one dragging this out in court.....my opinion is my opinion especially in a forum based on end user experience. now if she is that famous, doesn't mind dragging it out in public court, along with the john... openinly admitting to bagging someone for money.... then i definitely have to not see her.
Wrong on so many levels, but the simplest and most basic reason it wouldn't work is this: Dirty Hands. In order to show that she was financially harmed by a bad review, a provider would have to submit tax records. And since she is not reporting the income, the case would be thrown out. Judges are not going to allow you (the provider) to say "Your honor, I've been cheating on my income tax by not reporting what I make providing, but he cost me money, so punish him." Rather, the judge will admonish you: "Don't come to my Court with dirty hands (cheating the IRS) and expect to find justice."
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There's also the little problem of being forced to swear under oath that you routinely engage in illegal activities. How credible do you think a jury will find you? Originally Posted by Poet Laureate
(1) Isn't civil court and tax court different courts?? Can one court take the jurisdiction of another. Besides, only the IRS or a state taxing authority can bring a tax suit for under reported income.

(2) The provider may not have to submit tax records since there may be other reasons for a reduction income such as a bad economy, reduction in service and prices, etc.

(3) Couldn't the provider submit records such as phone records showing a reduction in phone calls, damage to reputation, stigma, etc. A hedonic model coud be used to estimate the damage by internet defamation and control for the economy, etc. Same type of model used for real estate disputes.

In general, internet defamation suits are on the rise. Free speech means the government cannot censor you, but Free Speech does not mean you protected for the consequences from your speech. You can't scream "Fire" in a crowded theatre unless there really is a fire.
B.Wayne's Avatar
Well if the service wasn't good or she was using fake pics, or not indipendant, couldn't you counter sue for false advertising? Lol. This is too much! haha
Hilarious post as this would not get past the complaint stage.
We live in a sue nation. Some lady was fired for being too irresistable, so she tried to sue her boss but lost!! Interesting read, check it out....

http://www.nydailynews.com/news/nati...icle-1.1226068
lvrsbane's Avatar
Just a word of warning on this, once pandoras box is opened, it is almost impossible to put the rabbit back in it's cage. Best advice, your all professionals, then when you see others who are not so say pro, perhaps a little straightening out and setting on the right path is to be expected? Meaning police your own, as for bad reviews, well if your all you claim, then there should be no concerns... also I would take a read on the ahole requesting the service, your all way to bright to allow some low life jack wagon get the betterof you
bojulay's Avatar
Last month there was that guy that sued his wife cuz he had and ugly baby! lol turns out the girl had so much plastic surgery that the husband never knew about. Bottom line HE WON!!! so if you can sue your husband or wife for ugly kids and win, I wouldnt put this past some eccie members lol! Originally Posted by Lolabrea01
That is the funniest thing that I have ever heard.
pyramider's Avatar
We live in a sue nation. Some lady was fired for being too irresistable, so she tried to sue her boss but lost!! Interesting read, check it out....

http://www.nydailynews.com/news/nati...icle-1.1226068 Originally Posted by Tatiana M.

I just thanck Tebow that was not in TX. She should a higher court because that is just a bs ruling.
pyramider's Avatar
Last month there was that guy that sued his wife cuz he had and ugly baby! lol turns out the girl had so much plastic surgery that the husband never knew about. Bottom line HE WON!!! so if you can sue your husband or wife for ugly kids and win, I wouldnt put this past some eccie members lol! Originally Posted by Lolabrea01

Sounds reasonable once you read the whole thing. It would be like you married Lola but before she was Lola she was a marine mammal that eats squid.
canuckvic's Avatar
We live in a sue nation. Some lady was fired for being too irresistable, so she tried to sue her boss but lost!! Interesting read, check it out....

http://www.nydailynews.com/news/nati...icle-1.1226068 Originally Posted by Tatiana M.
True on the sue nation label and yet restaurants still ask how you want your burger done??? Go figure.