ABSTRACT

Malicious falsehood is primarily concerned with damage to profits or earnings caused by the publication of untrue statements of fact. For the purposes of this cause of action, it is immaterial whether the untrue statement causes damage to the claimant’s reputation. A statement may be actionable as a falsehood even though it is not defamatory. On the other hand, the fact that the untrue words are also defamatory will not exclude a claim being made in malicious falsehood, although the courts will not allow the claimant to recover damages for both defamation and malicious falsehood for the same loss.1