CODE OF VIRGINIA

JUSTIFICATION AND MITIGATION OF DAMAGES (§ 8.01-46)

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

HISTORY: Code 1950, § 8-631; 1977, c. 617.