A Treatise On the Law of Master And Servant : Including Therein Masters And Workmen in Every Description of Trade And Occupation ; With An Appendix of Statutes

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B. 544.
(456) THE CHARACTER — DEFAMATION. 395 occasion has been taken advantage of to give utterance to an unfounded charge." From these cases the reader will have deduced the Cgurt to rule vrhich prevails in cases of this sort, that it is the decide on duty of the court to decide whether or no the communi- privilege.
cation containing the defamatory matter complained of comes within the class of privileged communications (m); and for the jury to decide as to the existence or jury on non-existe
...nce of any malicious motives in the mind of malice.
the defendant in making it (n) Where part of the communication is privileged and Part privi- part is not, the former, of course, will not protect the leged ; latter (o). part not.
In most of the cases hitherto mentioned, the alleged jj^^^, ^^^ defamation has taken place in some communication communica- between *& former master and a person about to [*443] tions by and hire a discharged servant. But it frequently happens ^ other per- that defamatory opinions are uttered and expressions masters^are used with reference to the character of servants by their privileged, masters in commanication with other persons, and by other persons in communication with their masters.


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