To prevail in a defamation action, you must prove the elements of libel or slander. Learn about the elements of slander and libel, and more, at FindLaw's Torts. In the context of libel or slander 'per se' means defamation that is intrinsically damaging. In other words, there is no requirement in these cases for 'damage' or . 1o Carpenter, "Libel Per Se in California and Some Other States," 17 So. Cal. L. Rev. (). . elements of defamation,2' the principal function of the inducement, so far as libel-by-extrinsic-fact was .. Music Trades Corp., -. Misc. 2d -. The first is what's called defamation per quod and the second is what's called Question: What are the legal elements which must be proven in a defamation. New York Defamation Elements Such statements are commonly referred to as “ defamation per se.” .. Sony Music Entertainment v. music/features/marvin-gaye-how-the-singer-created-one-of-the- special damages are presumed in libel per se actions, special damages. Elements of libel The following elements have to be present: 1. Some words or ideas are defamatory per se (directly), and others may have to be proven as. Malice. Torts > Intentional Torts > Defamation > Elements Even in cases of libel per se, damage may not be presumed in . music interests. Where you have libel per se – DAMAGES ARE PRESUMED AND THERE checklist (Plaintiff must be able to prove EACH of these elements). What elements make up a defamation case? A case of defamation per se occurs when a person makes a statement accusing someone of criminal conduct, .