University of Pennsylvania Law Review and American Law Register Volume 60

University of Pennsylvania Law Review and American Law Register Volume 60

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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. 1912 edition. Excerpt: ... which makes the actor desire to attain that result.'. Intent is frequently used, and motive is sometimes used, to cover both the above ideas, and much confusion has resulted. Now as to "malice" "'Defamation must be wilful in the same way as all torts of commission must be." Clerk & Lindsell on Torts, 2d Ed. 473. 'See these definitions stated and illustrated by the present writer in 20 Harvard Law Review, 256-259. The expression has various meanings in law, quite diverse from each other." Many eminent lawyers avoid its use when possible, and would be glad to have the term omitted from the law: " "Malice" today, in its popular sense signifies one particular kind of wrong motive, viz., personal ill will; but in the law of defamation its meaning is not confined to that single motive, In stating the law of defamation, I should substitute the expression "wrong motive" for the term "malice." Up to this time we have been speaking of actual wrong intent and actual wrong motive. But, before further discussing the materiality of actual wrong intent or motive, attention must be directed to the terms "implied intent," and "implied motive" or "implied malice." The ambiguous word "implied" may in this connection mean either one of two very difierent things: Either (I) it may mean actual intent or motive (or, as it is sometimes termed, intent or motive in fact), whose existence is "'. it has become a term whose varied meanings can be likened to nothing short of Joseph's coat of many colors." Mr. L C. Krauthofl', in 21 Reports American Bar Association, 338. Sir J. F. Stephen seems to think...
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Product details

  • Paperback | 324 pages
  • 189 x 246 x 17mm | 581g
  • United States
  • English
  • black & white illustrations
  • 123693797X
  • 9781236937971