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LSDefine

Simple English definitions for legal terms

actionable per quod

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A quick definition of actionable per quod:

Actionable per quod: Words that are potentially defamatory but not inherently so, and therefore require the plaintiff to prove special damages in addition to the utterance. For example, if someone says "the plaintiff is crazy," the plaintiff must prove that the defendant intended the words to mean that the plaintiff was mentally impaired or deficient in business or professional capacity, and that these words caused the plaintiff to suffer special damages.

A more thorough explanation:

Actionable per quod refers to potentially defamatory words that are not inherently defamatory and therefore require allegation and proof of special damages. For instance, if someone says, "The plaintiff is crazy," the statement is actionable per quod. This means that the plaintiff must prove that the defendant intended the words to mean that the plaintiff was mentally impaired or deficient in business or professional capacity, and that these words caused the plaintiff to suffer special damages.

On the other hand, actionable per se refers to defamatory words that are legally and conclusively presumed defamatory. For example, if someone says of a fiduciary, "That person embezzles client funds," the statement is actionable per se. The plaintiff does not have to allege or prove special damages.

The terminology "actionable per se" has caused confusion with another doctrine that distinguishes between words that convey a defamatory meaning on their face and words of veiled detraction whose offense is apparent only when the context and circumstances are revealed. The former are sometimes said to be defamatory "per se," whereas the latter must have an accompanying "innuendo" or explanation to be properly pleaded.

  • If someone says that a doctor is incompetent, the statement is actionable per quod. The plaintiff must prove that the defendant intended the words to mean that the plaintiff was deficient in professional capacity, and that these words caused the plaintiff to suffer special damages.
  • If someone says that a person is a thief, the statement is actionable per se. The plaintiff does not have to allege or prove special damages because the statement is inherently defamatory.

These examples illustrate the difference between actionable per quod and actionable per se. In the first example, the statement is not inherently defamatory, and the plaintiff must prove that the defendant intended to defame them and caused them special damages. In the second example, the statement is inherently defamatory, and the plaintiff does not have to prove special damages because the statement is presumed to be defamatory.

actionable nuisance | actionable per se

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9:31
some people hate him. some people love him, but he a real one: https://youtu.be/w5oEqiVQcF4?t=173
9:32
[kevin oleary]
worthless i trust you implicitly you know what it will happen now.
worthless i trust you implicitly you know what it will happen now.
worthless i trust you implicitly you know what it will happen now.
worthless i trust you implicitly you know what it will happen now.
worthless i trust you implicitly you know what it will happen now.
WorthlessAttractiveZombie
9:34
I mean if Fordham doesn't release today I will purposefully get on a train, go to new york, and then take the stinkiest shit inside the admission office's toilet (potentially clogging it and forcing them to get a plumber)
IS IT ONLY ON MY END WHY DID THAT SEND TEN MILLION TIMES
HELLO
WorthlessAttractiveZombie
9:35
it sent a million times lol
WHAT HAPPENED
yeah i thought you were tweaking for a second
i'm so sorry everyone what the actual fuck this website hates me
WorthlessAttractiveZombie
9:35
Jack's just tweaking on LSD no biggie
to be fair this accurately represents my mental state
election day psychosis coming in hot (fordham)
usc pls pull through .....
i literally just need one A so i can relax before my ED decision
WorthlessAttractiveZombie
9:38
oh that's right USC might release
soapy
9:43
USC still has not looked at my app
WorthlessAttractiveZombie
9:43
when did you submit soapy?
soapy
9:44
10/16
WorthlessAttractiveZombie
9:44
to be fair it took them almost 2 months for me to go under review
soapy
9:44
Feelin a bit stressed, as I've got no date change for Michigan either despite applying 10/7
WorthlessAttractiveZombie
9:45
I have not had a date change either for Mich but I've seen people get in without one so who knows
I applied 9/25 to like 6 schools and some (Houston) have no date change yet so dw
soapy
9:46
But do people get in without addresses going long?
WorthlessAttractiveZombie
9:46
it's tough to tell because a lot of people type out their addresses long to begin with
soapy
9:46
Ah. I didn't. Looking back, my Mich supplement kind of sucks, so there's that
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