What Is The Guilty Of Disparament Against The Zagat Survey

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The issue before the court is whether Zagat Survey, LLC was guilty of disparagement or trade libel against Lucky Cheng’s Restaurant. I believe the court’s decision should be that Zagat Survey, LLC is not guilty of disparagement against Lucky Cheng’s Restaurant. According to our textbook, disparagement “is false statements about a competitor’s product, services, property or business reputation” (Cheeseman 98). Listed below are the reasons that I believe that Zagat Survey, LLC should be found innocent against the claim of disparagement. There are several different ways to prove disparagement. The first way is to show that Zagat Survey, LLC made and published an untrue statement about Lucky Cheng’s Restaurant on their product, services, property, or business reputation. The information that Zagat Survey, LLC published was from surveys based on opinions from customers and consumers that had dined at Lucky Cheng’s Restaurant. Everyone that reads reviews understands that reviews are based on a customer’s opinion of the experience that they had at the restaurant. An opinion is not considered to be an untrue statement and very hard to prove otherwise. Zagat Survey, LLC is not liable for an opinion given by another person that was published for other consumers to read about the experience that they …show more content…

In order to prove that the statements were malicious Lucky Cheng’s Restaurant needs to prove that Zagat Survey, LLC had intent to injure Lucky Cheng’s Restaurant. When a restaurant chooses to go into business the public has the right to critique the experiences that they have. The review that was published was not to hurt Lucky Cheng’s business, but to let other consumers know what they experienced when dining at Lucky Cheng’s Restaurant. Again, the review was based off many survey’s that were submitted to Zagat Survey, LLC on how they viewed their

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