Legal Definitions - jactitation

Jactitation refers to a false and injurious claim or boast, particularly concerning ownership or rights to property. In civil law, it is often synonymous with slander of title, where someone falsely asserts a claim over another's property, thereby casting doubt on the rightful owner's title and causing them financial harm.

Here are some examples to illustrate jactitation:

• Example 1 (Real Estate): Imagine a property owner, Ms. Chen, is trying to sell a plot of land. Her neighbor, Mr. Davies, falsely tells potential buyers that he has a legal right-of-way across Ms. Chen's property, even though no such easement exists. Mr. Davies's false claim discourages several interested buyers, causing Ms. Chen's property to remain on the market longer and potentially forcing her to accept a lower offer.

  Explanation: Mr. Davies's false boasting about a right-of-way constitutes jactitation because he is making an untrue claim about Ms. Chen's property rights, which directly causes her financial injury by hindering the sale of her land.

• Example 2 (Intellectual Property): A small tech startup, InnovateCo, develops a groundbreaking new software feature and applies for a patent. A larger competitor, GlobalTech, publicly announces that InnovateCo's feature infringes on one of GlobalTech's existing patents, even though GlobalTech knows its patent does not cover InnovateCo's innovation. This false claim causes potential investors and licensees to hesitate in partnering with InnovateCo, fearing future legal disputes.

  Explanation: GlobalTech's false assertion of patent infringement is an act of jactitation. By falsely claiming a superior right over InnovateCo's intellectual property, GlobalTech harms InnovateCo's ability to attract investment and commercialize its product.