UJI 13-1012 NMRA
UJI 13-1012. Qualified privilege: Abuse of qualified privilege.
Length: 171 wordsOfficial source
A communication is normally privileged when it consists of a good faith publication in
the discharge of a public or private duty. There exists in the law a qualified privilege for
communications such as the communication involved in this action. Consequently, for
defendant to be liable to plaintiff, plaintiff must prove that defendant abused the
privilege. Defendant abused the privilege if one of the following occurred:
[Defendant knew the statement was false] [or]
[Defendant acted with reckless disregard for the truth or falsity of the statement] [or]
[Defendant published the communication for an improper purpose] [or]
[Defendant published the communication to a person to whom it was not reasonably
necessary to publish it in order to accomplish the proper purpose for which the
communication was made] [or]
[Defendant published the communication when it was not reasonably necessary to
do so to accomplish the proper purpose for which the communication was made] [or]
[Defendant did not believe, or did not have reasonable cause to believe, that the
communication was true] [or]
[....]