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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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16:44
Yeah, I would have definitely gone to the hotel if I knew they booked a room for me. At the very least, it would be proper to show up personally and explain your extraneous circumstances
Law-Shark
16:44
Nah but it's in your name. I went to an ASD. I asked the school for an extra night and they gave it to me. You just need to plan things better.
Law-Shark
16:45
This is like peak disconenct between the male and female brain.
16:45
i think that's where i was confused then
Law-Shark
16:45
disconnect*
Law-Shark
16:45
You live and you learn
16:45
because i did let one of the staff know i'd be leaving early and thought that would be enough
16:46
but i was confused why i got an e-mail with a room cuz I didn't ask for it at all
Law-Shark
16:46
Well, you know now what to do.
16:47
well on their end they prob shouldn't just be buying hotel rooms for ppl who don't request it and then getting mad I didn't go
16:48
goof
16:48
Did you get any materials for admitted students day explaining that they would be booking hotel rooms?
16:49
there was an opt in on the form but I didn't select yes
16:49
Hmm, that's weird
16:50
i think it's unprofessional of them to call you like what if you had an emergency and had to leave? why is it their business why you didn't stay? not like they're lacking money and $100.00 hotel room is gona make them bankrupt
16:50
i figured it was an error and I was on the road so I didn't read into it. plus it would make more sense for it to be the night before cuz it started at 9am? so I was like uhhh and paid it no mind
16:51
@bigfatsloth: that's what i'm saying, they were gonna pay no matter what
16:54
"This is like peak disconenct between the male and female brain." like bffr
16:55
It was probably an administrative error then. I can't imagine why they would book hotel rooms for people that didn't select yes. I would maybe follow up with them and apologize for the misunderstanding to avoid any awkwardness
Denny
16:56
who watch that arsenal game
16:56
I'm a Chelsea fan unfortunately
damn why are yall fighting i the lsd.law gc
Denny
17:14
@ET025: but ur not watching champions league?
Denny
17:15
declan rice did a madness
17:20
@Denny: Not today. Doing more LSAT studying this afternoon, but I saw that. I think Chelsea missed out on him. (this is probably more suited for OT)
Does anyone have experience getting their aid package reconsidered at WashU? How long does it take to hear back after sending the form?
MrThickRopes
21:01
fo pm gon be good to us tmrw
Mr ropes is hopeful again so I am too
21:33
lets go ropes
21:53
[deleted by starfishies]
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