1. Presented by aneela ashfaque
Legal Aspects of Business
Communication

2. OUTLINE
 Defamation
 Invasion of privacy
 Misrepresentation and fraud
 Laws Regarding Employment credit and
collection

3.  Defamation:
“The unconsented & unprivileged publication of a
false idea which injures the reputation of a person
in a society is called Defamation.”
 Unconsented: Unconsented means “without
agreement”. This makes the first point clear that
whatever a person is

4. Type of defamation
 Libel and slander are types
of defamatory statements.
 Libel is a written defamatory statement,
and slander is a spoken or oral
defamatory statement.

5. Four suggestions are in order
 Establish , a company policy for heading
information regarding both present and former
employees
 Resist making public any information unless the
required by public policy
 Keep a paper trial a record of released
information.
 Avoid making subjective statements in the
released material.

6. 1: Publication
 To publish defamatory material about a person is
to make public that information to a third party
.
(any mean of communication fax , letter , memo ,
circular, picture ,newspaper ,radio ,television
,Email and others)
• Be careful even in a sending a sealed letter
where in you accuse(mulzim)the recipient
(receiver)
• Should the letter be read by third person you may
be liable for publishing defamatory material .

7. Some suggestions
 Seal the envelope.
 Mark the envelope personal and confidential
 Wrap the enclosed message with opaque(not
able to seen) material

8. Privilege
 There are a times when defamatory infromation
may be made public

9. 2: Absolute Privilege:
 A person has absolute privilege to defame the
other person means he has been given full right
by the law to defame the other person on any
matter whatsoever. This case is limited to the
following areas…
 _ Judicial Proceedings.
 _ Assembly Proceedings.
 _ Official Proceedings

10. Judicial Proceedings:
 A particular action or a course of action in the law
court is called Judicial Proceedings. The Lawyers
in such proceedings have full right to defame the
person against whom a suit is filed.
Assembly Proceedings:
 Legislature is the place where representatives of
political parties have full liberty to ensure the
 government or vice versa

11. Official Proceedings:
 Government bodies such as NAB (National
Accountability Bureau) have been given absolute
privilege to defame the nabbed person

12. 3:Conditional / Qualified Privilege:
 Privilege under certain conditions or privilege to
defame on certain matters is called Conditional
 Privilege. For example, an employer may defame
his employee on the following matters.
 Tenure
 Salary
 Responsibilities

13. 2. INVASION OF PRIVACY:
 If a person infringes upon another person’s such
activities, he’s invading upon that person’s
privacy


14. INVASION OF PRIVACY
 Invasion of privacy is the intrusion into the
personal life of another, without just cause, which
can give the person whose privacy has been
invaded a right to bring a lawsuit for damages
against the person or entity that intruded. It
encompasses workplace monitoring, Internet
privacy, data collection, and other means of
disseminating private information .

15.  Examples:
 - Someone reading personal notes that someone
else wrote
 - Reading personal emails - Reading personal
text messages
 - Posting videos of someone without their
permission
 - Posting videos of under aged children without
permission
 - Going through personal items
 - Stalking someone Another very famous

16. Other example;
 example is our cricketer Shoaib Akhter, when he
went for the tour for Australia are porter or some
other person took his snap when he was hanging
out in night club with his Australian friends. The
photos then got by news channel and thus Mr.
Akhter ban for some time . Now this is the privacy
of Shoaib no matter where he been after match is
his personal matter

17. An employee’s personal
disabilities
 With the increase in drugs use ,companies are
uncomfortable in the acting under the guideline of
the Americans with disability act…
 Many sections of the act have yet to be clarified.
Thus some employees object to drug test
because the allege that such a test is an invasion
of privacy
 (health example)

18. An Employees personal identity and
private facts
 You cannot use person name photograph or
other identification for commercial benefit without
permission….

19. An employee’s Records, Reports
,Letter and Electronic data
 An employee's right to be privacy will be violated
if private records ,reports , letter and electronic
mail are ready by persons not entitled to examine
them

20. Misrepresenting and frauds
Frauds
 It refers to the intentionally misrepresentation by one
part to a contract of a material fact which is relied
upon by the other party to his injury.
OR
 A person or thing intended to deceive others, typically
by unjustifiably claiming or being credited with
accomplishments or qualities. Fraud may also be
made by an omission or purposeful failure to state
material facts, which nondisclosure makes other
statements misleading

21. Misrepresentation
 It means giving an incorrect or misleading
representation of some important element or
some item or fact relating to the claim.
 For example, under certain circumstances, false
statements or promises made by a seller of
goods regarding the quality or nature of the
product that the seller has may constitute
misrepresentation. A finding of misrepresentation
allows for a remedy of rescission and sometimes
damages depending on the type of
misrepresentation.

22. Difference b/w fraud and
misrepresentation
 Fraud:
 1. Fraud is defined under Sec.
 2. Fraud means a misrepresentation made with an
intention to cheat
 3. The distinction between fraud and misrepresentation is
solely(completly) on intention.
 4. In case of fraud, the aggrieved party can avoid the
contract even if the means to discover the truth were
available.
 5. In case of fraud not only the agreement is voidable but
also the aggrieved party can claim damages.
 Misrepresentation:
 1. Misrepresentation is defined under Sec. 192.
 Misrepresentation means a misstatement made innocently.
 3. In case of misrepresentation misstatement is made
innocently.

23.  4. In case of misrepresentation if the aggrieved
party has the means to discover the truth, it
cannot avoid the contract.
 5. In case of misrepresentation no damages can
be claimed, the aggrieved party can only avoid
the contract .

24. Type of misrepresentation
1. Fraudulent misrepresentation
A fraudulent misrepresentation (or fraud) occurs
when the communicator know the representation
is not true and the person to whom it was made
relies on it to her or his disadvantage.

25. 2: Innocent misrepresentation
 Innocent misrepresentation is a communication
not in accordance with the fact but which the
communicator thoughts are assumed to be true ,
to be legal significant the misrepresentation must
be relied upon by the person to whom it is made.

26. Sale warranties
 The seller under take certain obligation
concerning the nature ,title , and quality of the
goods or services being sold
When these obligations are expressly stated or
implied and when they actually the sales , the
obligations are called warranties .

27. Type of warranties
 1: express warranties
 2:implied warranties

28. 1: express warranties
 Express warranties are created by a seller
specific statement
about the product ,its characteristics ,or its
performance which effected the buyer decision to
buy .
 An express warranty can take several different
forms, whether spoken or written, and is basically
a guarantee that the product will meet a certain
level of quality and reliability. If the product fails in
this regard, the manufacturer will fix or replace
the product for no additional charge. Many such
warranties are printed on a product's packaging
or made available as an option.

29. Example
 1: A verbal express warranty may be as simple
as a car dealer telling a customer, "I guarantee
that this engine will last another 100,000 miles." If
the car fails to live up to this claim, the buyer may
take it up with the seller (although proving the
existence of a verbal warranty is very difficult).
 2: Other warranties may be expressed in writing
but do not necessarily look like traditional
warranties. For example, a light bulb
manufacturer prints the words "lasts 15,000
hours" on its packaging. The words "guaranteed"
or "warranty" do not appear, but this claim
nevertheless is an express warranty.

30. 2:implied warranties
 Implied warranties of the uniform commercial
code (ucc) apply only sale of goods it mean the
warranty are part of the bargain even thought the
parties themselves say nothing them.
 Consumer have four year from the times the
goods or services were delivered to take legal
action
 They must conform to the standards of the trade
as applicable to the contract for sale.
 They must be fit for the purposes such goods are
ordinarily used, even if the buyer ordered them
for use otherwise

31. Cont….
 They must meet the specifications on the
package labels, even if not so specified by the
contract for sale.
 They must be packaged and labeled per the
contract for sale.

32. Laws Regarding Employment ,
credit and collection
 The body of law that governs the employer-
employee relationship, including individual
employment contracts, the application of TORT an
d
contract doctrines, and a large group of statutory
regulation on issues such as the right to organize
and negotiate collective bargaining
agreements, protection from discrimination ,
wages and hours, and health and safety.

33. credit and collection
 Many federal and state law are in place to protect
the consumer and because state statutes vary
you will need to investigate those in your state
 Equal credit opportunity act:
requires financial institutions and other engaged
in credit extensions to make credit equally
available to all credit worthy costumer without
gender , marital status, race , colour ,religion,
national origin or age some lenders are tuning to
a credit scoring system to protect themselves
from law suit.

34. 2 Fair credit billing act
 Aims to protect their consumer against inaccurate
and unfair credit card practices

35. 3 fair credit reporting act
 Demands that consumer reporting agencies
 (credit bureaus, investigation, detective and
collection agencies computerized information
reporting firms lenders exchanges)

36. 4 fair debt collection practices
act
 Addresses abuses of consumer by unethical debt
collector the bill basically states what bill collector
can and cannot do.

37. 5 federal truth and leading act
 Interest rate for consumers may be compare
more readily the charges different credit source
make. Recent widespread error in the calculation
and disclosure of interest rate under adjustable
rate mortgage loans (ARMs) have increased the
number of lawsuit.

38. 6 false claim act.
 Seek to protect the federal government from
fraudulent claims…

39. 7 uniform commercial code
 Set up guidelines concerning among many other
things, product specification and un truthful
statements about a product or services

40. Other area of caution in business
communication
 Copy right :
 Copyright protection exists from the moment a
work is created in a fixed, tangible form of
expression. The
copyright immediatelybecomes the property of
the author who created the work. Only the
author, or those deriving their rights through
the author, can rightfully claim copyright. In
the case of works made for hire, the
employer—not the writer—is considered the
author.

41. Computer data security
 Data security refers to protective digital privacy
measures that are applied to prevent
unauthorized access to computers, databases
and websites. Data security also protects data
from corruption. Data security is the main priority
for organizations of every size and genre.
 Data security is also known as information
security (IS) or computer security.