insinuation au sens propre
- Domaines
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- droit common law
- droit responsabilité civile
Terme :
- insinuation au sens propre n. f.
Traductions
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anglais
Auteur : Centre de traduction et de terminologie juridiques de l'Université de Moncton,Définition
In distinguishing between the ordinary and natural meaning and the innuendo meaning of words, the substantive law cannot be separated from the requirements of pleading and the rules of evidence. If it is contented that words are defamatory in their ordinary and natural meaning, it is not necessary for the plaintiff to plead more than the words themselves ((...)). If, however, the plaintiff wishes to rely on any special facts as giving the words a defamatory or any particular defamatory meaning, he must plead and prove such facts, including, where necessary, any special knowledge possessed by those to whom the words were published which gives the words that meaning, and must set out the meaning in his pleading. ((...)) the meaning resulting from those facts gives rise to a cause of action separate from that arising from the words in their ordinary and natural meaning. Such an extended meaning is described as a "true" or "legal" innuendo.
Note :
Par opposition à "false innuendo".
Termes :
- true innuendo
- legal innuendo