'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
| John Dawson Mayne - Criminal law - 1904 - 1186 pages
...communication is only this : that the occasion on which the communication was made rebuts the inference primd facie arising from a statement prejudicial to the character of the plaintiff, and puts it on him to prove that there was malice in fact ; that the defendant was actuated by personal spite or... | |
| Abraham Clark Freeman - Law reports, digests, etc - 1905 - 1236 pages
...B. 573, the court observed: "The proper meaning of a privileged communication is only this: that the occasion on which the communication was made rebuts...defendant was actuated by motives of personal spite or ill-will, independent of the occasion on which the communication was made '' This definition has been... | |
| Ratanlal Ranchhoddas, Dhirajlal Keshavlal Thakore - Torts - 1905 - 622 pages
...sup.). II. Qualified privilege. The proper meaning of a privileged communication is only this : that the occasion on which the communication was made rebuts...defendant was actuated by motives of personal spite (1) Diwldns v. Lord Rokeby, LR 7 HL 744. (2) Denoting v. Lord Paula, LR 6 QB 94. (3) Datekins v. Lord... | |
| Abraham Clark Freeman - Law reports, digests, etc - 1907 - 1130 pages
...is said to be this, that the occasion on which it was made rebuts the inference arising prima facie from a statement prejudicial to the character of the...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... | |
| Thomas Johnson Michie - Law reports, digests, etc - 1907 - 888 pages
...this: That the occa: sion, on which a communication is - made, refutes the inference prima facie, I 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 r. Brown, 13 W. Va. 71,... | |
| Henry Coleman Folkard - Libel and slander - 1908 - 752 pages
...in other words ; — the occasion on which the communication was made, rebuts the inference pr'nna 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 (o). The privilege which... | |
| Administrative law - 1908 - 318 pages
...called forth by the letter of the brother. There is nothing in the letter that indicates actual malice, that the defendant was actuated by motives of personal spite or ill will, or did not honestly believe what he said to be true, but, on the other hand, the language and spirit... | |
| Illinois. Appellate Court, Martin L. Newell, Mason Harder Newell, Walter Clyde Jones, Keene Harwood Addington, James Christopher Cahill, Basil Jones, James Max Henderson, Ray Smith - Law reports, digests, etc - 1909 - 780 pages
...156, says, 'the proper meaning of > a privileged communication is only this: that the oc- ' casion, on which the communication was made, rebuts the inference...from a statement prejudicial to the character of the pjaijxtiffj, and puts Uuponhim to prove that the defendant was actuated by motives of personal spite... | |
| Transvaal (Colony). Supreme Court - Law reports, digests, etc - 1910 - 1544 pages
...communication is only this, that the occasion on which the communication was made rebuts the inference primd 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. In the present case it became,... | |
| James Barr Ames, Jeremiah Smith - Torts - 1910 - 930 pages
...privileged communication." as Parke, B., observes, — Wright v. Woodgate,1 — "is only this : that the occasion on which the communication was made rebuts...the inference prima facie arising from a statement prejuaiciai to tne cnaracter of the plaintiff, and puts it upon n-im*ToT)roYe that tnere was malice... | |
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