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TENTATIVE DRAFT 13, QUESTIONS SUGGESTED FOR DISC. [i] (May 7-9, 1936)

handle is hein.ali/relwtrts0248 and id is 1 raw text is: The American Law Institute
TORTS TENTATIVE DRAFT No. 13
Questions Relating to Chapters 101, 102, 103,
for Discussion at the Fourteenth Annual
Meeting May 7-9, 1936
Discussion is not confined to the questions pre-
sented here. You are earnestly requested to raise any
further points which occur to you.
1. §§ 1028, 1029, 1030. Although attorneys, par-
ties and witnesses are given an absolute privilege
while actually participating in a judicial proceeding,
except in the case of complaints to a prosecuting officer
concerning a supposed criminal offense (see § 1029,
Comment b), private conferences preliminary to judi-
cial proceedings are not within the privilege. The
English law, since 1928, is otherwise. Is the Institute
justified in declining to follow the English law in thus
extending absolute privilegel
2. § 1034. The rule stated in this Section is an
attempt to state in an understaitdable way, the results
of the cases. The usual technique employed in such
cases is to regard such communications as no publica-
tion (see Wennhok v. Morgan (1888) 20 Q. B. 1). 635).
This result is reached by the fiction of the identity of
the husband and wife. Resort to this fiction, however,
creates a glaring inconsistency. A communication by
the defamer to the spouse of the defamed person is
treated as a publication (Wenman v. Ash (1853) 13

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