(New York Court of Appeals) A book had been placed on sale in 1941, but was still being reprinted and sold in 1946.
Held: The rule in Duke of Brunswick v Harmer was formulated ‘in an era which long antedated the modern process of mass publication’ and was therefore not suited to modern conditions. The limitation period started to run in 1941, when the book was first put on sale. The court pointed out that ‘Under [the rule in Duke of Brunswick v Harmer] the Statute of Limitation would never expire so long as a copy of such book remained in stock and is made by the publisher the subject of a sale or inspection by the public. Such a rule would thwart the purpose of the legislature.’
Citations:
(1948) 81 NE2d 45
Jurisdiction:
England and Wales
Citing:
Outmoded – Duke of Brunswick v Harmer QBD 2-Nov-1849
On 19 September 1830 an article was published in the Weekly Dispatch. The limitation period for libel was six years. The article defamed the Duke of Brunswick. Seventeen years after its publication an agent of the Duke purchased a back number . .
Cited by:
Cited – Times Newspapers Ltd (Nos. 1 And 2) v The United Kingdom ECHR 10-Mar-2009
The applicant alleged that the rule under United Kingdom law whereby each time material is downloaded from the Internet a new cause of action in libel proceedings accrued (‘the Internet publication rule’) constituted an unjustifiable and . .
Lists of cited by and citing cases may be incomplete.
International, Defamation, Limitation
Updated: 19 November 2022; Ref: scu.317947