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Exemplary damages

Exemplary damages, damages on an unsparing scale, given in respect of tortious acts, committed through malice or other circumstances of aggravation. In Belt. v. Lawes, (1884) 2 QBD 356, an action by a sculptor

Fair comment

action of libel for words prima facie defamatory; but the defence will be of no avail if express malice is established, Thomas v. Bradbury, Agnew & Co., (1906) 2 KB 627. When the defence is one of

Measure of damage

of. The exception is those ases where vindictive or exemplary damages can be given, e.g., libel, slander, violence, malice, cruelty, or breach of promise of marriage. The actual loss cannot always be recovered, as the whole or

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In criminalibus sufficit generalis malitia intentionis cum facto paris gradus

In criminalibus sufficit generalis malitia intentionis cum facto paris gradus [Lat.], in criminal actions a general malice of intention is sufficient with an act of corresponding degree.

Intention

Intention. See ACTUS NON FACIT REUM; MALICE.

Malitia supplet 'tatem

Malitia supplet 'tatem. Dyer, 104 b.-(Malice supplies [the want of] age); as in the case of a child between 7 & 14 years of age, who can be convicted of a crime if, and if only,...

Manslaughter

Manslaughter, the unlawful killing of another without malice express or implied. It is either-- (a) Voluntary, upon a sudden heat; or, (b) Involuntary, upon the commission

Master and servant

the Servants' Characters Act, 1792 (32 Geo. 3, c. 56). And if a bad character be untrully and maliciously given, the party giving it will be liable to an action for defamation, though, until the untruth of

Odio et atia

man committed to prison upon suspicion of murder were committed on just cause of suspicion, or only upon malice and ill-will; and if, upon the inquisition, it was found that he was not guilty, then there issued

Prepense

Prepense, forethought, preconceived, contrived beforehand. See MALICE.

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