American Law and Procedure Volume 2

American Law and Procedure Volume 2

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1911 edition. Excerpt: ...first publication of slander: the first utterer may have been a person insane or of bad character. The person who repeats it gives greater weight to the slander. A party is not the less entitled to recover damages in a court of law for injurious matter published concerning him, because another person previously published it. That shows not that the plaintiff has been guilty of any misconduct which renders it unfit that he should recover damages in a court of law, but that he has been wronged by another person as well as the defendant; and may, consequently, if the slander was not published by the first utterer on a lawful occasion, have an action for damages against that person as well as the defendant." C. Leave and license. 278. General effect of consent. If the plaintiff consented to the publication of the defamation he can not afterwards be heard to complain of it; this is merely an illustration of a general principle running throughout the whole law. There may, however, be some difficulty in determining in any particular case whether the plaintiff did actually consent; for example, if the plaintiff should ask the defendant to repeat the defamatory statement before a witness merely for the purpose of getting testimony for legal redress later, it would seem that this would not bar the plaintiff. Section 6. Absolute Privilege. 279. Statement of the rule. Under some circumstances it is excusable to publish matter which is both false and defamatory. The reason for this is shortly, that in the affairs of life it is sometimes necessary for the public welfare that an individual's reputation be damaged without liability. Privilege is therefore a kind of justification. In the following cases the privilege is more

Product details

  • Paperback | 116 pages
  • 189 x 246 x 6mm | 222g
  • United States
  • English
  • black & white illustrations
  • 1236628802
  • 9781236628800