Facts
The appellant, [A.] , and the respondent 2, [B.] , were parties to a lease or rental agreement for the Hotel Restaurant [D.] . After [A.] refused to sign the contract and denied vacating the restaurant, several incidents occurred, including the dissemination of a defamatory letter by [B.] to [A.] 's suppliers. [A.] filed a criminal complaint and requested damages and satisfaction.
The District Court of Gersau found [B.] guilty of multiple cases of defamation, insult, violation of postal secrecy, and attempted coercion, and sentenced him to a conditionally suspended fine. The Cantonal Court of Schwyz overturned the conviction for defamation and sentenced [B.] to a conditional fine and a penalty. [A.] 's claim for damages was referred to the civil court.
[A.] appealed to the Federal Court and requested the reversal of the appeal judgment and the conviction of [B.] for multiple cases of defamation and completed coercion. She also requested the determination of [B.] 's principal liability for damages and the granting of free legal assistance for the appeal proceedings.
Considerations
The Federal Court examined the appeal and came to the following conclusion
- The lower court rightly allowed the respondent 2 to provide exculpatory evidence, as he had reasonable grounds for his warning.
- The respondent 2 provided proof of good faith, as he took all reasonable steps to verify the accuracy of his statements.
- The lower court rightly referred [A.] 's claim…