Title 51

In all actions for printed or spoken defamation, malice is inferred from the character of the charge. However, the existence of malice may be rebutted by proof. In all cases, such proof shall be considered in mitigation of damages. In cases of privileged communications, such proo…

Hendrix, 325 Fed. Appx. 727 (11th Cir. 2009) (Unpublished). Plea of privilege is not waived by plea of justification. Etchison v. Pergerson, 88 Ga. 620, 15 S.E. 680 (1892). Truth available as defense even when statement not privileged. — When a slander per se is not privileged, t…

The following communications are deemed privileged: (1) Statements made in good faith in the performance of a public duty; (2) Statements made in good faith in the performance of a legal or moral private duty; (3) Statements made with a good faith intent on the part of the speake…

v. Jones, 197 Ga. App. 188, 397 S.E.2d 620 (1990). While liens were improperly filed by a supplier, the property owner failed to show that the statements in the lien notices were false; further, the trial court could also have found that the liens were privileged under O.C.G.A. §…

In every case of privileged communications, if the privilege is used merely as a cloak for venting private malice and not bona fide in promotion of the object for which the privilege is granted, the party defamed shall have a right of action. (Orig. Code 1863, § 2923; Code 1868, …

Miles, 656 F.2d 103 (5th Cir. 1981). Award precluded by notice of appeal. — Award of damages under O.C.G.A. § 51-6-1 required reversal because a timely notice of appeal was filed which divested the trial court of jurisdiction to make such an award. Hall v. Hidy, 263 Ga. 422, 435 …

(a) Willful misrepresentation of a material fact, made to induce another to act, upon which such person acts to his injury, will give him a right of action. Mere concealment of a material fact, unless done in such a manner as to deceive and mislead, will not support an action. (b…

No action shall be sustained for deceit in a representation to obtain credit for another unless the misrepresentation is in writing and is signed by the party to be charged therewith. (Orig. Code 1863, § 2902; Code 1868, § 2908; Code 1873, § 2959; Code 1882, § 2959; Civil Code 18…

(a) A fraud may be committed by acts as well as words. (b) One who silently stands by and permits another to purchase his property, without disclosing his title, is guilty of such a fraud as estops him from subsequently setting up such title against the purchaser. (Orig. Code 186…

Wachovia Corp., 260 Ga. App. 612, 580 S.E.2d 259 (2003). Because the plaintiff had gone to the police stations and told two other officers that the arresting officer had better stop harassing the plaintiff, and because the arresting officer had stopped the plaintiff for traffic v…

Malice consists in personal spite or in a general disregard of the right consideration of mankind, directed by chance against the individual injured. (Orig. Code 1863, § 2936; Code 1868, § 2943; Code 1873, § 2994; Code 1882, § 2994; Civil Code 1895, § 3855; Civil Code 1910, § 445…

Lack of probable cause shall exist when the circumstances are such as to satisfy a reasonable man that the accuser had no ground for proceeding but his desire to injure the accused. Lack of probable cause shall be a question for the jury, under the direction of the court. (Orig. …

The willful arrest, under civil process, of a person exempt by law from such arrest shall be deemed malicious until the contrary shall be proved. (Orig. Code 1863, § 2938; Code 1868, § 2945; Code 1873, § 2996; Code 1882, § 2996; Civil Code 1895, § 3857; Civil Code 1910, § 4453; C…

False imprisonment is the unlawful detention of the person of another, for any length of time, whereby such person is deprived of his personal liberty. (Orig. Code 1863, § 2932; Code 1868, § 2939; Code 1873, § 2990; Code 1882, § 2990; Civil Code 1895, § 3851; Civil Code 1910, § 4…

Camden County, 583 F. Supp. 2d 1358 (S.D. Ga. 2008). Claim was ripe for adjudication. — While a city and two police officers argued that an arrestee’s claim of false imprisonment under O.C.G.A. § 51-7-20 was not ripe because the arrestee’s criminal prosecution had not terminated …

If false imprisonment is the act of several persons, they may be subject to an action jointly or separately. If jointly, all shall be responsible for the entire recovery. (Orig. Code 1863, § 2934; Code 1868, § 2941; Code 1873, § 2992; Code 1882, § 2992; Civil Code 1895, § 3853; C…

The criminal prosecution forming the basis for an action for malicious prosecution must be ended before the right of action for malicious prosecution accrues. (Orig. Code 1863, § 2931; Code 1868, § 2938; Code 1873, § 2989; Code 1882, § 2989; Civil Code 1895, § 3850; Civil Code 19…

Oliver, 450 F. Supp. 2d 1336 (N.D. Ga. 2006). Cited in Hartshorn v. Smith, 104 Ga. 235, 30 S.E. 666 (1898); South Ga. Grocery Co. v. Banks, 52 Ga. App. 1, 182 S.E. 61 (1935); Peppas v. Miles, 82 Ga. App. 438, 61 S.E.2d 429 (1950); Wall v. Spurlock, 85 Ga. App. 379, 69 S.E.2d 379 …

Lack of probable cause shall exist when the circumstances are such as to satisfy a reasonable man that the accuser had no ground for proceeding but his desire to injure the accused. Lack of probable cause shall be a question for the jury, under the direction of the court. (Orig. …

A total lack of probable cause is a circumstance from which malice may be inferred; however, the inference may be rebutted by proof. (Orig. Code 1863, § 2929; Code 1868, § 2936; Code 1873, § 2987; Code 1882, § 2987; Civil Code 1895, § 3848; Civil Code 1910, § 4444; Code 1933, § 1…

For consideration of the existence of probable cause, the evidence given during the criminal prosecution by the person accused of the malicious prosecution may be submitted to the jury by either party. The credibility of such evidence shall be determined by the jury. (Orig. Code …

(a) No member of a grand jury shall be subject to an action for malicious prosecution based upon a presentment made by the grand jury. (b) If a presentment is made at the instigation of a third person, from malice on his part and without probable cause, he shall be liable to an a…

Recovery in actions for malicious prosecution shall not be confined to the actual damage sustained by the accused but shall be regulated by the circumstances of each case. (Orig. Code 1863, § 2928; Code 1868, § 2935; Code 1873, § 2986; Code 1882, § 2986; Civil Code 1895, § 3847; …

Whenever the owner or operator of a mercantile establishment or any agent or employee of the owner or operator detains, arrests, or causes to be detained or arrested any person reasonably thought to be engaged in shoplifting or refund fraud and, as a result of the detention or ar…

(a) As used in this Code section, the term ‘‘antishoplifting or inventory control device’’ means a mechanism or other device designed and operated for the purpose of detecting the removal of specially marked or tagged merchandise from a mercantile establishment or similar enclosu…

Whenever the owner, operator, or lessee of a motion picture exhibition facility or any agent or employee of the owner, operator, or lessee detains, arrests, or causes to be detained or arrested any person reasonably thought to be engaged in film piracy in violation of Code Sectio…

As used in this article, the term: (1) ‘‘Civil proceeding’’ includes any action, suit, proceeding, counterclaim, cross-claim, third-party claim, or other claim at law or in equity. (2) ‘‘Claim’’ includes any allegation or contention of fact or law asserted in support of or in opp…

Any person who takes an active part in the initiation, continuation, or procurement of civil proceedings against another shall be liable for abusive litigation if such person acts: (1) With malice; and (2) Without substantial justification. (Code 1981, § 51-7-81, enacted by Ga. L…

(a) It shall be a complete defense to any claim for abusive litigation that the person against whom a claim of abusive litigation is asserted has voluntarily withdrawn, abandoned, discontinued, or dismissed the civil proceeding, claim, defense, motion, appeal, civil process, or o…

Emory Univ., 225 Ga. App. 247, 483 S.E.2d 362 (1997). Attorney’s fees denied. — Creditor’s motion to amend the creditor’s claim for sanctions against the debtor under O.C.G.A. § 9-15-14 to state a claim under O.C.G.A. § 51-7-81 was denied as the amendment was untimely and inequit…

(a) As a condition precedent to any claim for abusive litigation, the person injured by such act shall give written notice by registered or certified mail or statutory overnight delivery or some other means evidencing receipt by the addressee to any person against whom such injur…

On and after April 3, 1989, no claim other than as provided in this article or in Code Section 9-15-14 shall be allowed, whether statutory or common law, for the torts of malicious use of civil proceedings, malicious abuse of civil process, nor abusive litigation, provided that c…

Williams, 276 Ga. App. 475, 623 S.E.2d 686 (2005). Civil rights action. — In a 42 U.S.C. § 1983 case in which a pro se inmate appealed a district court’s 28 U.S.C. § 1915A dismissal of the inmate’s claims for false arrest and false imprisonment as barred by the Heck decision, the…

The right of enjoyment of private property being an absolute right of every citizen, every act of another which unlawfully interferes with such enjoyment is a tort for which an action shall lie. (Orig. Code 1863, § 2955; Code 1868, § 2962; Code 1873, § 3013; Code 1882, § 3013; Ci…

The unlawful interference with a right of way or a right of common constitutes a trespass to the party entitled thereto. (Orig. Code 1863, § 2963; Code 1868, § 2970; Code 1873, § 3021; Code 1882, § 3021; Civil Code 1895, § 3882; Civil Code 1910, § 4478; Code 1933, § 105-1410.)

The owner of any estate in lands may bring an action for libelous or slanderous words which falsely and maliciously impugn his title if any damage accrues to him therefrom. (Orig. Code 1863, § 2964; Code 1868, § 2971; Code 1873, § 3025; Code 1882, § 3025; Civil Code 1895, § 3883;…

The bare right to possession of lands shall authorize their recovery by the owner of such right, as well as damages for the withholding of such right. (Orig. Code 1863, § 2956; Code 1868, § 2963; Code 1873, § 3014; Code 1882, § 3014; Civil Code 1895, § 3875; Civil Code 1910, § 44…

The bare possession of land shall authorize the possessor to recover damages from any person who wrongfully interferes with such possession in any manner. (Orig. Code 1863, § 2957; Code 1868, § 2964; Code 1873, § 3015; Code 1882, § 3015; Civil Code 1895, § 3876; Civil Code 1910, …

The person having title to lands, if no one is in actual possession under the same title with him, may bring an action for a trespass thereon. If a tenant is in possession and the trespass is one which injures the freehold, the owner or a remainderman or reversioner may still bri…

If two persons claim to have actual possession of the same land, the person having legal title shall be deemed to be in possession and the other person shall be considered a trespasser. (Orig. Code 1863, § 2959; Code 1868, § 2966; Code 1873, § 3017; Code 1882, § 3017; Civil Code …

Damages for a continuing trespass are limited to those which have occurred before an action is commenced. Subsequent damages flowing from a continuation of the trespass give a new cause of action. (Civil Code 1895, § 3884; Civil Code 1910, § 4480; Code 1933, § 105-1406.) History …

The owner of land through which nonnavigable watercourses flow is entitled to have the water in such streams come to his land in its natural and usual flow, subject only to such detention or diminution as may be caused by a reasonable use of it by other riparian proprietors. The …

The course of a stream of water underground and its exact condition before its first use are so difficult of ascertainment that trespass may not be brought for any supposed interference with the rights of a proprietor. (Orig. Code 1863, § 2961; Code 1868, § 2968; Code 1873, § 301…

The owner of realty has title downwards and upwards indefinitely; and an unlawful interference with his rights, either below or above the surface, gives him a right of action. (Orig. Code 1863, § 2962; Code 1868, § 2969; Code 1873, § 3020; Code 1882, § 3020; Civil Code 1895, § 38…

The owner of personalty is entitled to its possession. Any deprivation of such possession is a tort for which an action lies. (Orig. Code 1863, § 2965; Code 1868, § 2972; Code 1873, § 3026; Code 1882, § 3026; Civil Code 1895, § 3885; Civil Code 1910, § 4481; Code 1933, § 105-1701…

Interference with the mere possession of a chattel, even if the possession is without title or is wrongful, shall give a right of action to the possessor, except as against the true owner or the person wrongfully deprived of possession. (Orig. Code 1863, § 2966; Code 1868, § 2973…