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Home / Opinion Digests / Tort – Defamation – Insulting Words – Loan 'Default' Letter (access required)

Tort – Defamation – Insulting Words – Loan 'Default' Letter (access required)

A "default" letter sent to borrowers and others associated with an overdue loan is absolutely privileged against a defamation claim because the letter is written in anticipation of legal proceedings. The issue here is whether the judicial proceedings privilege extends to communications made prior to the commencement of litigation during the course of extrajudicial investigation relating ...

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