What does qualified privilege for defamation allow?

Study for the California Bar Exam. Engage with flashcards and multiple choice questions, each question offers hints and explanations. Prepare effectively for your exam!

Qualified privilege in defamation law allows for certain statements to be exempt from liability if they are made in good faith and concern matters that are relevant to the interest of the recipient. This means that the statements must relate to a subject that affects the recipient’s interests or pertains to a legitimate interest of the recipient.

This privilege is designed to encourage open communication in situations where the parties have a common interest, such as in professional relationships or public matters. For example, if someone warns a potential employer about a candidate due to factual concerns regarding that candidate's behavior, this could be protected under qualified privilege provided the statement is made with good faith and is relevant to the hiring decision.

In contrast, statements made solely for personal interest, those that are unrelated to the recipient's interest, or comments made without regard for their truthfulness do not fall under the protection of qualified privilege. Therefore, the correct answer highlights the importance of relevance and the good faith nature necessary for the privilege to apply.

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