8.01-46 - Justification and mitigation of damages. - Virginia Statutes

§ 8.01-46. Justification and mitigation of damages.

In any action for defamation, the defendant may justify by alleging andproving that the words spoken or written were true, and, after notice inwriting of his intention to do so, given to the plaintiff at the time of, orfor, pleading to such action, may give in evidence, in mitigation of damages,that he made or offered an apology to the plaintiff for such defamationbefore the commencement of the action, or as soon afterwards as he had anopportunity of doing so in case the action shall have been commenced beforethere was an opportunity of making or offering such apology.

(Code 1950, § 8-631; 1977, c. 617.)