Actionable per quod refers to words that have the potential to be defamatory but are not inherently so. In such cases, the plaintiff must prove special damages in addition to the utterance. For instance, if someone calls the plaintiff “crazy,” the plaintiff must demonstrate that the defendant intended the words to imply that the plaintiff was mentally impaired or deficient in business or professional capacity. Additionally, the plaintiff must show that these words caused them to suffer special damages.
Actionable per quod refers to potentially defamatory words that are not inherently defamatory and therefore require allegation and proof of special damages. For example, if someone says “The plaintiff is crazy,” the statement is actionable per quod, meaning 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 instance, if someone says of a fiduciary, “That person embezzles client funds,” the statement is actionable per se, and 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 offence 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.
For example, if someone says that a doctor is incompetent, the statement is actionable per quod, requiring the plaintiff to 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. On the other hand, if someone says that a person is a thief, the statement is actionable per se, and 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 per quod” refers to a legal claim that is based on the specific circumstances of a case, rather than being inherently obvious or self-evident.
Cases involving defamation, negligence, intentional infliction of emotional distress, and invasion of privacy are often considered actionable per quod.
To prove an actionable per quod claim, you need to demonstrate that the harm or injury suffered was not immediately apparent and required additional evidence or explanation to establish its impact.
Damages that can be sought in an actionable per quod claim include compensation for emotional distress, loss of reputation, medical expenses, and any other losses directly resulting from the harm suffered.
Yes, it is crucial to have witnesses or evidence to support an actionable per quod claim as it requires establishing the specific circumstances and impact of the harm suffered.
Yes, an actionable per quod claim can be filed in both civil and criminal cases, depending on the nature of the harm suffered and the legal remedies sought.
The statute of limitations for filing an actionable per quod claim varies depending on the jurisdiction and the specific type of claim. It is essential to consult with an attorney to determine the applicable time limit.
Yes, an actionable per quod claim can be settled out of court through negotiation or alternative dispute resolution methods, such as mediation or arbitration.
While it is possible to file an actionable per quod claim without an attorney, it is highly recommended to seek legal representation to ensure your rights are protected and to navigate the complexities of the legal process effectively.
If you believe you have a valid actionable per quod claim, it is crucial to consult with an experienced attorney specializing in the relevant area of law. They can assess the merits of your case, guide you through the legal process, and help you seek appropriate remedies.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 27th April 2024.
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