Liability & LegalQuestion 101 of 200

A guard privately reports a suspected shoplifter to the store manager and to responding police. The shopper turns out to be innocent and sues for slander. What defense most likely applies?

a.Qualified ('common interest') privilege under Civil Code §47(c) — the communication was made without malice between parties with a common interest in loss prevention and law enforcement
b.Absolute legislative privilege
c.Statute of frauds
d.Workers' compensation exclusivity

Explanation

Civil Code §47(c) provides a qualified privilege for communications made without malice between parties sharing a common interest. A guard's private report to a store manager (employer common interest) and to police (law enforcement common interest) typically falls within §47(c). The privilege is defeated by malice — knowing falsity or reckless disregard for truth. Public, loud accusations to uninvolved bystanders exceed the privilege's scope. Absolute legislative privilege (b) protects statements in official proceedings, not field reports. Statute of frauds (c) and workers' comp exclusivity (d) are unrelated. Truth is also a complete defense to defamation, separate from privilege.

Law Reference: Cal. Civil Code §47(c); Sanborn v. Chronicle Publishing Co. (1976) 18 Cal.3d 406

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