TORTS-DEFAMATION-LIBEL BY SILENCE

Authors

J. G. Castel, University of ParisFollow

Abstract

In an almanac published in 1939, Professor Turpain of the University of Poitiers, France, purported to name the inventors of radio. He failed to include the name of E. Branly. In 1940 Branly brought suit in the lower civil court of Poiters against Professor Turpain, alleging that he had been ''libelled" by silence. The court agreed with him. The court of appeals of Poitiers reversed the decision of the lower court and dismissed the case. Following Branly's death, his heirs questioned the validity of the decision of the court of appeals in the court of Cassation. The court held, in setting aside the judgment of the court of appeals and reinstating the judgment of the lower court, that an author of a book or article on history, even though he acts in good faith, has the duty to use caution when he purports to report facts. In case of a failure to do so, the author is responsible to those who are injured by his lack of caution in research and reporting facts. Branly v. Turpain, Cass., Ch. Civ., sect. civ., Feb. 27, 1951, Gaz. Pal., April 6, 1951; D.H. 19e cahier, p. 329.

Recommended Citation

J. G. Castel, TORTS-DEFAMATION-LIBEL BY SILENCE, 50 Mich. L. Rev. 487 (1952).
Available at: https://repository.law.umich.edu/mlr/vol50/iss3/20