Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

actionable per quod

Read a random definition: faculties

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

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
YRDSL
17:08
im a 1 issue voter - if i want someone to be elected i vote for them
woof
texaslawhopefully
17:08
I've seen some that could be as high as 7k though
17:08
@jackfrost11770: ya prolly don't buy any lotto tickets tonite
get on that trump coin before the rug pull lol
Dkk
17:09
@BigStrongBug: I don't consider myself a one issue voter but if I had to pick one it would be gender relations.
i am a one issue voter for the economy, which is why i voted harris
texaslawhopefully
17:10
Here's a fairly well respected estimate fruitybat: The proposed tariffs could cost consumers an additional $2,500 to $7,600 a year per household, according to estimates, said Jonathan Gold, vice president of supply chain and customs policy for the National Retail Federation.
i am a voter so i voted
17:11
Lol what does gender relations mean
17:11
Like are you anti gay marriage?
texaslawhopefully
17:11
@Dkk: So you care about gender relations over the Constitution, institutional stability, the economy, political norms, etc.?
blue collar trump voters are gonna blame anything but him anyway when the price of their household consumption goes through the roof. I wonder how they'll spin that narrative.
17:11
Or are you an all inclusive hater and include trans folks too
texaslawhopefully
17:12
Even if you have conservative social values you still shouldn't like Trump lol, but that's a whole diff convo
I love when people prefer putting not talking about gender in schools at the top of the agenda instead of dealing with school shootings
this is going to blow your mind but once you realize women and men are more similar than different you will drown in pussy or dick
17:12
@HopefullyInLawSchool: $45k @ KS is really good. $145k is to attend it is not a bad deal
facts knowledgeable
Also love how he put an EO to leave the Paris climate agreement in the midst of the LA wildfires and places who haven’t gotten snow in 15 years now getting storms
@llama: it would only be 17,000 ish per year
17:15
yeah and i think after 1L u get in state? not certain
I dont think so based on my very brief research
17:16
hmm I know some school offer that in their offer (I also believe KS does not negotiate) but I wonder which schools would reconsider with a condition of in state after 1L yr?
Dkk
17:17
@texaslawhopefully: Not necessarily but I believe what Aristotle used to say. He used to say you could not have a functioning political system if you can not get gender relations right. Or essentially that.
KS does negotiate! I got an email saying theyre doing it for the first time this year
its rather limited but its not nothing
17:18
@HopefullyInLawSchool: noted, thanks for the intel. I know we joke around but all things conidered, KS is goated
Dkk
17:18
@BigStrongBug: Nah aristotle only applies gender as a role which I think either sex could fulfill. My issue with Trump's EO to limit things to only sex but I am fine with him doing it for now.
Yeah and Aristotle old as hell boy he would’ve died of hysteria after learning what the internet and tiktok is
LSD+ is ad-free, with DMs, discounts, case briefs & more.