Odger's English Common Law

IS PKOOF OF SPECIAL DAMAGE NECESSARY? 523
(c) disparage him in the way of his office, profession or
trade ;
or
(cl) impute unehastity or adultery to any woman or girl. 1
In no other case are spoken words actionable, unless they
have caused some special damage to the plaintiff.
As to persons holding an office, the law draws a distinction
between offices of profit, i.e., those to which a salary is
attached, and honorary offices, such as that of a sheriff, a
justice of the peace, an alderman or town councillor. In the
former case an action will lie without proof of special damage
for words which impute general unfitness for the office as
well as for words imputing misconduct in the office. But in
the case of an honorary office no action will he without proof
of special damage, unless the words impute to the plaintiff such
misconduct in his office as would, if true, be good ground for
his dismissal.
Thus to say of a town councillor, " He is never sober, and is not a fit
man for the council ; on the night of the election he was so drunk that
he had to be carried home," is not actionable unless special damage has
ensued. 2 But to impute to an alderman that he has improperly used his
position as chairman of the Town Improvement Committee to put money
into his own pocket is actionable without proof of any special damage,
because, if the charge be true, he ought at once to be removed from his
office. 3
If the plaintiff carry on any profession or trade recognised
by the law, or be engaged in any lawful employment, how-
ever humble, he can, without proving any special damage,
sue for any words which would prejudice him in his pro-
fession, trade or employment. It will be otherwise if the
words disparage him in some matter unconnected therewith.
Thus to impute bankruptcy to a solicitor is not of itself actionable, for
this does not involve any imputation upon him in his profession as a
solicitor. 4 So to say of a barman that he has left his lodgings without
paying his rent is not actionable, even though he loses his post in conse-
quence of the statement ; for the words complained of do not disparage
him in the way of his employment. 8
i Slander of Women Act, 1891 (54 & 55 Vict. c. 51).
2 Alexander v. Jenkins, [1892] 1 Q. B. 797.
3 Booth v. Arnold, [1895] 1 Q. B. 571.
* Dauncey v. Holloway, L1901] 2 K. B. 441.
5 Speahe v. Hughes, [1904] 1 K. B. 138, 141.