Wennhak V Morgan
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Wennhak V Morgan
''Wennhak v Morgan'' is a leading case in English defamation law, that held that communication with one's own spouse will not be considered to be 'published' for the purposes of defamation cases. In Wennhak, Huddleston B thought (with Manisty J. agreeing) that the question could be decided “on the common law principle that husband A husband is a male in a marital relationship, who may also be referred to as a spouse. The rights and obligations of a husband regarding his spouse and others, and his status in the community and in law, vary between societies and cultures, ... and wife are one”, and that accordingly there had been no publication. “ e maxim and principle acted on for centuries is still in existence, viz, that as regards this case, husband and wife are in point of law one person.”''Wennhak v Morgan'' (1888) 20 QBD 635 at 637. References English defamation case law {{England-law-stub ...
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English Defamation Law
Modern libel and slander laws in many countries are originally descended from English defamation law. The history of defamation law in England is somewhat obscure; civil actions for damages seem to have been relatively frequent as far back as the Statute of Gloucester in the reign of Edward I (1272–1307). The law of libel emerged during the reign of James I (1603–1625) under Attorney General Edward Coke who started a series of libel prosecutions. Scholars frequently attribute strict English defamation law to James I's outlawing of duelling. From that time, both the criminal and civil remedies have been found in full operation. English law allows actions for libel to be brought in the High Court for any published statements which are alleged to defame a named or identifiable individual in a manner which causes them loss in their trade or profession, or damages their reputation. Allowable defences are justification, fair comment, and privilege. A defamatory statement is presu ...
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Spouse
A spouse is a significant other in a marriage. In certain contexts, it can also apply to a civil union or common-law marriage. Although a spouse is a form of significant other, the latter term also includes non-marital partners who play a social role similar to that of a spouse, but do not have rights and duties reserved by law to a spouse. Married The legal status of a spouse, and the specific rights and obligations associated with that status, vary significantly among the jurisdictions of the world. These regulations are usually described in family law statutes. However, in many parts of the world, where civil marriage is not that prevalent, there is instead customary marriage, which is usually regulated informally by the community. In many parts of the world, spousal rights and obligations are related to the payment of bride price, dowry or dower. Historically, many societies have given sets of rights and obligations to male marital partners that have been very different fr ...
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Defamation
Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal definition of defamation and related acts as well as the ways they are dealt with can vary greatly between countries and jurisdictions (what exactly they must consist of, whether they constitute crimes or not, to what extent proving the alleged facts is a valid defence). Defamation laws can encompass a variety of acts: * Insult against a legal person in general * Defamation against a legal person in general * Acts against public officials * Acts against state institutions (e.g., government, ministries, government agencies, armed forces) * Acts against state symbols * Acts against the state itself * Acts against religions (e.g., blasphemy, discrimination) * Acts against the judiciary or legislature (e.g., contempt of court, censure) Histo ...
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John Walter Huddleston
Sir John Walter Huddleston (8 September 1815 – 5 December 1890) was an English judge, formerly a criminal lawyer who had established an eminent reputation in various '' causes célèbres''. As a Baron of the Exchequer of Pleas, he was styled Baron Huddleston, in writing, Huddleston B. Soon after his appointment, the Exchequer was absorbed into the High Court of Justice and the style abolished. He sometimes referred to himself as "The last of the Barons."Rigg (2004) Today, the case he presided over that remains famous is ''Whistler v. Ruskin'', where his wife and that of Ruskin's counsel sat beside him on the bench. Personal life Huddleston was the eldest son of Thomas, a Merchant Navy officer and Alethea née Hichens. He was born and educated in Dublin, attending Trinity College Dublin, but he did not graduate. In 1872, he married Diana de Vere Beauclerk (1842–1905), daughter of William Beauclerk, 9th Duke of St Albans. Huddleston enjoyed theatre and horse racing. He was ...
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Henry Manisty
Sir Henry Manisty (13 December 1808 – 31 January 1890) was an English barrister and judge. Life Manisty was born at Vicarage House, Edlingham, Northumberland, the second son of James Manisty, BD, vicar of Edlingham, and his wife Eleanor, only daughter of Francis Forster of Seaton Burn Hall, Northumberland. He was educated at Durham Cathedral grammar school, and was articled when still young in the offices of Thorpe & Dickson, attorneys, of Alnwick, Northumberland. Manisty was admitted a solicitor in 1830, and practised for twelve years as a member of the firm of Meggison, Pringle, & Manisty, of 3 King's Road, London. On 20 April 1842 he became a student of Gray's Inn, and he was called to the bar on 23 April 1845. He became a bencher there in 1859, and treasurer in 1861. Joining the Northern circuit, Manisty built a large practice, and was made Queen's Counsel on 7 July 1857; he appeared mainly in mercantile and circuit cases. In 1876, when Mr Justice Blackburn was made a law ...
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Husband
A husband is a male in a marital relationship, who may also be referred to as a spouse. The rights and obligations of a husband regarding his spouse and others, and his status in the community and in law, vary between societies and cultures, and have varied over time. In monogamous cultures, there are only two parties to a marriage, which is enforced by laws against bigamy and polygamy. Traditionally, the husband was regarded as the head of the household and was expected to be the sole provider or breadwinner, a role that continues in some cultures (sometimes described as paternalistic). Today, a husband is not necessarily considered the breadwinner of the family, especially if his spouse has a more financially rewarding occupation or career. In such cases, it is not uncommon for a husband to be considered a stay-at-home father if the married couple have children. The term continues to be applied to such a man who has separated from his spouse and ceases to be applied to him ...
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Wife
A wife (plural, : wives) is a female in a marital relationship. A woman who has separated from her partner continues to be a wife until the marriage is legally Dissolution (law), dissolved with a divorce judgement. On the death of her partner, a wife is referred to as a widow. The rights and obligations of a wife in relation to her partner and her status in the community and in law vary between cultures and have varied over time. Etymology The word is of Germanic origin, from Proto-Germanic *''wībam'', "woman". In Middle English it had the form ''wif'', and in Old English ''wīf'', "woman or wife". It is related to Modern German language, German ''Weib'' (woman, female), and Danish language, Danish ''viv'' (wife, usually poetic); The original meaning of the phrase "wife" as simply "woman", unconnected with marriage or a husband/wife, is preserved in words such as "midwife", "goodwife", "fishmonger, fishwife" and "Fortune-telling, spaewife". Summary In many cultures, marriage ...
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