 ... the law considers such publication as malicious, unless it is fairly made by a person in the discharge of some public or private duty, whether legal or moral, or in the conduct of his own affairs, in matters where his interest is concerned.  Albany Law Journal - Σελίδα 2311888Πλήρης προβολή - Σχετικά με αυτό το βιβλίο
 | 1866 - 694 σελίδες
...some public or private duty, whether legal or moral," but also statements fairly made by a person " in the conduct of his own affairs, in matters where his interest is concerned." And he then adds: — "In such cases the occasion prevents the inference of ma"liee which the law draws... | |
 | Massachusetts. Supreme Judicial Court - 1866 - 704 σελίδες
...honestly made by him believing it to be true, and that there was a reasonable occasion or exigency in the conduct of his own affairs, in matters where his interest was concerned, which fairly warranted the publication, such proof would rebut the presumption of malice,... | |
 | Massachusetts. Supreme Judicial Court - 1867 - 682 σελίδες
...Toogood v. Sjry ring, 1 Cr. M. & R. 193, and 4 Tyrvvh. 595. It is there laid down, that a publication " fairly made by a person in the discharge of some public...affairs in matters where his interest is concerned," comes within the class of privileged or authorized communications. A party cannot be held responsible... | |
 | Alexander Andrews - 1869 - 556 σελίδες
...Wensleydale observed, in an old case, that " where a communication is fairly made by one person to another, in the discharge of some public or private duty, whether...affairs, in matters where his interest is concerned, the occasion prevents the inference of malice which the law draws from unauthorised communications,... | |
 | United States. Circuit Court (1st Circuit), William Henry Clifford - 1869 - 714 σελίδες
...made by the defendant, believing it to be true, and that there was a reasonable occasion or exigency in the conduct of his own affairs, in matters where his interest was concerned, which fairly warranted the publication. Proof of such facts go to negative the inference... | |
 | Great Britain. Courts - 1870 - 568 σελίδες
...well-known limits as to verbal slander), and the law considers such publication as malicious, unless it is fairly made by a person in the discharge of some public...affairs, in matters where his interest is concerned." Now, this letter was written by the defendant with reference to the conduct of his own affairs, and... | |
 | 1873 - 462 σελίδες
...false in fact and injurious to the character of another, as libelous and malicious per se unless it is made by a person in the discharge of some public or private duty, legal or moral, or in the conduct of his own affairs. In a recent English case (Henwood v. Harrison,... | |
 | John Shortt - 1871 - 824 σελίδες
...cases where the TO what cases publication of the injurious statement is made by a person p"^,6 fairly in the discharge of some public or private duty, whether...affairs, in matters where his interest is concerned. (6) Whether actual malice is present or absent is a question of fact for the jury to determine, (c)... | |
 | John Shortt - 1871 - 846 σελίδες
...injurious imputation is made excuses everything but actual malice. " In such cases," said Parke, B.,(i) "the occasion prevents the inference of malice, which the law draws from unauthorised communications, and affords a qualified defence, depending upon the absence of actual... | |
 | Samuel Robinson Clarke - 1872 - 762 σελίδες
...Parke, B , in Toogood v. Spyring, (e) " The law considers such publication as malicious, unless it is fairly made, by a person in the discharge of some...whether legal or moral, or in the conduct of his own (a) Poittrin v. Morgan, 10 LCJ 99, per Badgley, J. ; ffearne v. StaaM, 12 A. & E. 719-26. (6) Poiterin... | |
| |
