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Per Quod: A Comprehensive Guide to Its Legal Meaning and Use
Definition & Meaning
The term "per quod" refers to a legal concept in civil actions, particularly in cases of defamation. It describes situations where certain statements or acts do not appear harmful on their own but can lead to special damages when considered alongside external circumstances. In defamation cases, particularly slander, proof of specific damages is necessary. For libel, the requirement is to demonstrate extrinsic facts that clarify the harm caused by the statements.
Table of content
Legal Use & context
"Per quod" is primarily used in the context of defamation law, which encompasses both slander (spoken defamation) and libel (written defamation). In these cases, the plaintiff must provide evidence of special damages or external facts to establish their claim. Understanding this term is crucial for individuals involved in defamation lawsuits, and users can find helpful legal templates on platforms like US Legal Forms to assist them in navigating these complex legal waters.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A person makes a statement about another individual that seems harmless but, when combined with the individual's reputation and circumstances, leads to significant financial loss. This situation may be actionable per quod.
Example 2: A newspaper publishes an article that includes a misleading statement about a business. If the business can prove that the statement caused them to lose clients due to specific circumstances, they may have a case for libel per quod.
State-by-state differences
State
Notes
California
Requires clear proof of special damages in slander cases.
New York
Emphasizes the need for extrinsic evidence in libel claims.
Texas
Allows for certain defenses that may affect per quod claims.
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Difference
Per Se
Refers to statements that are inherently damaging without needing proof of special damages.
Per se claims do not require additional context to establish harm.
Slander
Spoken defamation that may require proof of special damages.
Slander can be actionable per quod or per se, depending on the statement.
Libel
Written defamation that may also require proof of extrinsic circumstances.
Libel cases often hinge on the context provided by external facts.
Common misunderstandings
What to do if this term applies to you
If you believe you have been defamed in a manner that falls under "per quod," consider the following steps:
Gather evidence of the statements made and any related circumstances.
Document any damages you have suffered as a result.
Consult with a legal professional to assess your case and determine the best course of action.
You may also explore US Legal Forms for templates that can help you file a complaint.
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