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Official Code of Georgia Annotated

Title 51. TORTS · Chapter 7. FALSE ARREST, FALSE IMPRISONMENT, MALICIOUS PROSECUTION, AND ABUSIVE LITIGATION · Article 3. MALICIOUS PROSECUTION

51-7-44. Inference of malice from lack of probable cause; rebuttal of inference.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. A total lack of probable cause is a circumstance from which malice may be inferred; however, the inference may be rebutted by proof.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Orig. Code 1863, § 2929; Code 1868, § 2936; Code 1873, § 2987; Code 1882, § 2987; Civil Code 1895, § 3848; Civil Code 1910, § 4444; Code 1933, § 105-804.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t51-(v39)-2017-pdf.pdf, Volume V39, 2017 edition, page 700; merge action: annotated; file SHA-256 bc30a40687b2.