Malcolm v. Moore [1901] ScotLR 39_26 (25 October 1901)

Malcolm v. Moore [1901] ScotLR 39_26 (25 October 1901)

The apology and the increased tender of £51 were sufficient to vindicate the pursuer's character and compensate for the alleged slander. Since the jury awarded less than the amount tendered, the defender was entitled to expenses from the date of the increased tender.

Citation
[1901] ScotLR 39_26
Parties
Pursuer: Thomas Malcolm; Defender: William Moore
Jurisdiction
Scotland
Judgment Date
25 October 1901
Procedural Posture
Action of Damages for Slander / Post Jury Verdict, Expenses Determination
Outcome
Partly in favour of pursuer, partly in favour of defender
Legal Topics
Slander, Damages, Qualified Apology, Tender of Payment, Expenses
Tort Defamation Slander Damages Qualified Apology Tender of Payment Expenses

Case Brief

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Parties

Thomas Malcolm

Pursuer

William Moore

Defender

Procedural Posture

Action of Damages for Slander / Post Jury Verdict, Expenses Determination

Legal Issues

  1. 1 Whether the defender's apology and monetary tender were sufficient to vindicate the pursuer's character and satisfy the claim for damages in a slander action; whether the pursuer was entitled to expenses after the tender was increased to £51.

Ratio Decidendi

The apology and the increased tender of £51 were sufficient to vindicate the pursuer's character and compensate for the alleged slander. Since the jury awarded less than the amount tendered, the defender was entitled to expenses from the date of the increased tender.

Court Disposition

Partly in favour of pursuer, partly in favour of defender

Orders

  • Defender to pay pursuer £50 sterling.
  • Pursuer entitled to expenses up to 12th June 1901 (date of increased tender).