A Digest of the Law of Libel And Slander; With the Evidence, Procedure, And Practice, Both in Civil And Criminal Cases, And Precedents of Pleadings
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In our eReader you can find the full English version of the book. Read A Digest of the Law of Libel And Slander; With the Evidence, Procedure, And Practice, Both in Civil And Criminal Cases, And Precedents of Pleadings Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book A Digest of the Law of Libel And Slander; With the Evidence, Procedure, And Practice, Both in Civil And Criminal Cases, And Precedents of Pleadings
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It is true that the accidental presence of some third person will not alone take the case out of the privilege, if it was unavoidable or happened in the usual course of business affairs. But if the defendant purposely con- trives that a stranger should be present, who has no right to be present, and who in the natural course of things would not be present, all privilege is lost.^ So too in making a communication which is only privileged by reason of its being made to a person interested in the ...subject- matter thereof, the defendant must be careful not to branch out 1 Kershaw v. Bailey, 1 Ex. 743 ; 17 L. J. Ex. 129 ; Scarll v. Dixon, 4 F. & F. 250.
213 * 239 QTJAirFIED PEIVILEGB.
into extraneous matters with whieli such person is unconcerned.
The privilege only extends to that portion of the communication in respect of which the parties have a common interest or duty.
The defendant must also be careful to avoid the use of exag- gerated expressions ; for the privilege may be lost by the use of violent language when it is clearly uncalled for.^ * 240 * And especially in cases where a rumor reaches the de- fendant, of which he feels it his duty to inform others who are equally interested with himself in its subject-matter, he should be very careful to report it precisely as he heard it, without any addition or exaggeration-^ In short whenever the mode and extent of a privileged publi- cation are more injurious to the plaintiff than necessary, this may be evidence of malice in the publisher.
What to read after A Digest of the Law of Libel And Slander; With the Evidence, Procedure, And Practice, Both in Civil And Criminal Cases, And Precedents of Pleadings?
You can find similar books in the "Read Also" column, or choose other free books by Bigelow, Melville Madison, 1846-1921 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
It is true that the accidental presence of some third person will not alone take the case out of the privilege, if it was unavoidable or happened in the usual course of business affairs. But if the defendant purposely con- trives that a stranger should be present, who has no right to be present, and who in the natural course of things would not be present, all privilege is lost.^ So too in making a communication which is only privileged by reason of its being made to a person interested in the ...subject- matter thereof, the defendant must be careful not to branch out 1 Kershaw v. Bailey, 1 Ex. 743 ; 17 L. J. Ex. 129 ; Scarll v. Dixon, 4 F. & F. 250.
213 * 239 QTJAirFIED PEIVILEGB.
into extraneous matters with whieli such person is unconcerned.
The privilege only extends to that portion of the communication in respect of which the parties have a common interest or duty.
The defendant must also be careful to avoid the use of exag- gerated expressions ; for the privilege may be lost by the use of violent language when it is clearly uncalled for.^ * 240 * And especially in cases where a rumor reaches the de- fendant, of which he feels it his duty to inform others who are equally interested with himself in its subject-matter, he should be very careful to report it precisely as he heard it, without any addition or exaggeration-^ In short whenever the mode and extent of a privileged publi- cation are more injurious to the plaintiff than necessary, this may be evidence of malice in the publisher.
What to read after A Digest of the Law of Libel And Slander; With the Evidence, Procedure, And Practice, Both in Civil And Criminal Cases, And Precedents of Pleadings?
You can find similar books in the "Read Also" column, or choose other free books by Bigelow, Melville Madison, 1846-1921 to read onlineMoreLess
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