'the proper meaning of a privileged communication is only this : that the occasion on which the communication was made rebuts the inference prima facie arising from a statement prejudicial to the character of the plaintiff, and puts it upon him to prove... A Treatise on Crimes and Misdemeanors - Page 246by William Oldnall Russell - 1843 - 1122 pagesFull view - About this book
| Sir Andrew Reed - Constables - 1895 - 528 pages
...conduct of his own affairs in matters where his interest is concerned, is a privileged communication. The occasion on which the communication was made rebuts...defendant was actuated by motives of personal spite or ill-will, independent of the occasions on which the communication was made. writing or composing of... | |
| Martin L. Newell - Libel and slander - 1898 - 1136 pages
...is only this: That the occasion on which the communication was made rebuts the inference of malice prima facie arising from a statement prejudicial to the character of the plaintiff, and puts upon him the burden of proving that there was malice. In short, that the defendant was actuated by... | |
| Law reports, digests, etc - 1902 - 616 pages
...the occasion on which the communication is made rebuts the prima facie inference of malice, in fact, arising from a statement prejudicial to the character of the Plaintiff, and the onus ie upon him to prove that there was actual malice, that the Defendant wan actuated by motives... | |
| Law reports, digests, etc - 1926 - 766 pages
...— "is only this: that the occasion on which 'the communication was made rebuts the inference primii facie arising from a statement prejudicial to the...defendant was actuated by motives of personal spite or ill-will, independent of the occasion on which the communication was made.' " Tn SHuirt v. Brll, [1801]... | |
| Law reports, digests, etc - 1901 - 1250 pages
...to the character of the plaintiff, and puts It upon him to prove that there was malice in fact, and- that the defendant was actuated by motives of personal spite or ill will, independent of the circumstances in which the communication was made. • » « But when the paper published is a privileged... | |
| Law reports, digests, etc - 1902 - 796 pages
...of a qualified privilege is only this: That the occasion, on which a communication Is made, refutes the inference prima facie, arising from a statement...prejudicial to the character of the plaintiff, and puts the onus upon the plaintiff to prove actual malice or malice in fact." Johnson v. Brown, 13 W. Va.... | |
| Law reports, digests, etc - 1902 - 1068 pages
...defamatory and actionable. The occasion on which the communication was made rebuts the inference of malice prima facie arising from a statement prejudicial to the character of the plaintiff, and puts upon him the burden of proving that there was malice; In short, that the defendant was actuated by... | |
| Law reports, digests, etc - 1902 - 1054 pages
...defamatory and actionable. The occasion on which the communication was made rebuts the inference of malice prima facie arising from a statement prejudicial to the character of the plaintiff, and puts upon him the burden of proving that there was malice; in short, that the defendant was actuated by... | |
| Frederick Stroud - Encyclopedias and dictionaries - 1903 - 920 pages
...— Qua Defamation, "the proper meaning of ' Privileged Communication ' is only this, — That the occasion on which the communication was made rebuts...it upon him to prove that there was MALICE in fact, ie that the deft was actuated by motives of personal spite or ill-will, independent of the occasion... | |
| James Newton Fiero - Pleading - 1903 - 922 pages
...actionable. In other words, the occasion on which the communication was made rebuts the inference of malice prima facie arising from a statement prejudicial to the character of the plaintiff, and puts upon the plaintiff the burden of proving actual malice. Newell, 388, citing Flood, 208. In certain... | |
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