Slander per quod is a form of slander that does not immediately result in harm to the individual being discussed. In order to establish a case, the person being slandered must demonstrate that they have been negatively affected by the statements made. This differs from slander per se, which inherently causes harm and does not necessitate proof. Slander refers to the act of making false statements about another person that can damage their reputation. Trade slander, on the other hand, involves making false statements about a business or product.
Slander per quod is a form of slander that does not automatically qualify as slander per se, meaning the plaintiff must provide evidence of specific damages. Slander refers to a defamatory statement made through speech or other temporary means. Unlike libel, damages for slander are not assumed and must be proven by the plaintiff, unless it falls under slander per se. For instance, if someone claims that a restaurant serves subpar food, it may not be considered slander per se. However, if this statement leads to a decline in the restaurant’s business, the owner can file a lawsuit for slander per quod and must demonstrate the damages caused by the statement. Another example is when someone falsely accuses another person of theft, resulting in the person losing their job. In this case, the individual who made the false accusation may be sued for slander per quod. These examples highlight how slander per quod necessitates the plaintiff to establish specific damages caused by the defamatory statement. In the first example, the restaurant owner must prove that the statement led to a loss of business and financial harm. In the second example, the person who made the false accusation must compensate the individual who lost their job due to the accusation. Slander per quod is a legal term that helps determine the extent of damages a plaintiff can seek in a defamation lawsuit.
Slander per quod refers to a type of defamation where the defamatory statement is not inherently defamatory, but it becomes defamatory when additional facts or circumstances are known.
Slander per se refers to statements that are inherently defamatory, such as false accusations of a crime or immoral behavior. Slander per quod requires additional context or information to be considered defamatory.
Examples of slander per quod may include false statements about someone’s financial status, professional abilities, or personal relationships, which may not be inherently defamatory but can cause harm when combined with other facts.
To establish a claim of slander per quod, the plaintiff must prove that the statement was false, that it was communicated to a third party, that it caused harm to the plaintiff’s reputation, and that the defendant was at fault in making the statement.
No, opinions are generally protected under the First Amendment and are not considered defamatory. However, if an opinion is presented as a statement of fact and causes harm to someone’s reputation, it may be considered slander per quod.
Yes, business entities can sue for slander per quod if false statements have been made about their financial status, products, services, or business practices, causing harm to their reputation and resulting in financial losses.
Common defences in a slander per quod case include truth, privilege (such as statements made in court or legislative proceedings), and opinion. Additionally, if the statement was made without fault or with a legitimate purpose, it may be a valid defence.
If a plaintiff successfully proves a claim of slander per quod, they may be awarded compensatory damages for harm to their reputation, emotional distress, and any financial losses suffered as a result of the defamation. In some cases, punitive damages may also be awarded.
While it is not always necessary to prove financial losses in a slander per quod case, it can strengthen the plaintiff’s claim for damages. However, harm to reputation and emotional distress are also considered valid forms of damages.
The statute of limitations for filing a slander per quod lawsuit varies by jurisdiction. It is important to consult with an attorney to determine the specific time limit applicable to your case, as it can range from one to several years.
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: 17th April 2024.
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