At a large party for business professionals who were attending a conference on ethics, Constance, who is annoyed because of a large tax bill, makes the statement that “all accountants are frauds.” Bernie, an honest accountant in attendance, sued her for defamation. Which of the following is true regarding the likely outcome? Group of answer choices Bernie will likely win so long as he meets his burden of proof of establishing by a preponderance of the evidence that he has not committed fraud. Bernie will likely win so long as Constance cannot meet her burden of proof of establishing by a preponderance of the evidence that Bernie has committed fraud. Bernie will win only if he can prove by clear and convincing evidence that Constance acted with malice and that her allegation against him was false. The lawsuit will be dismissed because the statement made by Constance was too broad to be defamatory. The lawsuit will be dismissed because Constance made the statement at a social event

At a large party for business professionals who were attending a conference on ethics, Constance, who is annoyed because of a large tax bill, makes the statement that "all accountants are frauds." Bernie, an honest accountant in attendance, sued her for defamation. Which of the following is true regarding the likely outcome?

Group of answer choices

Bernie will likely win so long as he meets his burden of proof of establishing by a preponderance of the evidence that he has not committed fraud.

Bernie will likely win so long as Constance cannot meet her burden of proof of establishing by a preponderance of the evidence that Bernie has committed fraud.

Bernie will win only if he can prove by clear and convincing evidence that Constance acted with malice and that her allegation against him was false.

The lawsuit will be dismissed because the statement made by Constance was too broad to be defamatory.

The lawsuit will be dismissed because Constance made the statement at a social event.

 Answer

• The lawsuit will be dismissed because the statement made by Constance was too broad to be defamatory.

Explanation:

To qualify as defamation, a statement made must be about an individual or a small enough group that all in the group are affected. Statement like "all accountants are frauds" is too broad to be a defamatory statement.

Reference: Business: Its Legal, Ethical, and Global Environment, By Marianne M. Jennings. Page 296.

If Constance said "Bernie is a fraud" and specifically referring to the attendee, then Bernie could sue her and likely win so long as he meets his burden of proof of establishing by a preponderance of the evidence that he has not committed fraud.

However, in this case since the alleged defamatory statement is too broad, as described in the above reference, the lawsuit will be dismissed