Simple English definitions for legal terms
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Actionable per se: Words or actions that are automatically considered legally harmful and can be the basis for a lawsuit without the need to prove additional harm. For example, if someone accuses a person of stealing without any evidence, it is considered actionable per se. However, if someone says something that could be harmful but requires additional proof of harm, it is considered actionable per quod.
Actionable per se refers to words or actions that are inherently illegal or harmful, and therefore do not require proof of additional damages to be considered legally actionable. In other words, they are automatically considered to be grounds for a lawsuit or legal action.
For example, if someone makes a false and damaging statement about another person's character or reputation, such as accusing them of a crime or spreading malicious rumors, that statement is considered actionable per se. The person who made the statement can be sued for defamation without the need to prove any additional harm or damages.
On the other hand, some statements may be considered actionable per quod, which means that they are not inherently harmful, but may become so depending on the context or circumstances. In these cases, the person who was harmed by the statement must prove that they suffered specific damages as a result.
For example, if someone makes a statement that is not inherently defamatory, such as "I don't like that person," but the statement is made in a context that implies something harmful, such as in a business meeting where the person's reputation is important, then the statement may be considered actionable per quod. The person who was harmed by the statement must prove that they suffered specific damages as a result, such as lost business opportunities or damage to their reputation.