Mitior Sensus

Mitior Sensus

In the Past

The more lenient sense. It was formerly held in actions for libel and slander, that when two or more constructions could be put upon the words, one of which would not be actionable the words were to be so construed, for verba accipienda sunt in mitiore sensu. 4 Co. 13, 20. It is now, however, well established, that they are not to be taken in the more lenient or more severe sense, but in the sense which fairly belongs to them and which they were intended to convey. 2 Campb. 403; 2 T. R. 206. [1]

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Notes and References

1. Partialy, this information about mitior sensus is based on the Bouvier's Law Dictionary, 1848 edition. There is a list of terms of the Bouvier's Law Dictionary, including mitior sensus.

See Also