Per quod

Per quod is a Latin phrase (meaning whereby) used to illustrate that the existence of a thing or an idea is on the basis of external circumstances not explicitly known or stated.

Legal example[edit]

"Statements are considered defamatory per quod if the defamatory character of the statement is not apparent on its face, and extrinsic facts are required to explain its defamatory meaning."^[1]

With defamation per quod, the plaintiff has to prove actual monetary and general damages, as compared to defamation per se where the special damages are presumed.^[2]

References[edit]

^ Kolegas v. Heftel Broadcasting Corp., 607 N.E.2d 201, 206 (Ill. 1992).
^ “[D]efamation per se is distinguished from defamation because in the former, ‘a plaintiff can establish liability without a showing of special or pecuniary damages because those damages are presumed.’” Ira Green, Inc. v. Mil. Sales & Serv. Co., No. CV 10-207-M, 2014 WL 12782199, at *6 (D.R.I. Jan. 15, 2014). Citation taken from Flynn v. Cable News Network, Memorandum Opinion & Order, page 9 (16 December, 2021).

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[1] Kolegas v. Heftel Broadcasting Corp., 607 N.E.2d 201, 206 (Ill. 1992).

[2] “[D]efamation per se is distinguished from defamation because in the former, ‘a plaintiff can establish liability without a showing of special or pecuniary damages because those damages are presumed.’” Ira Green, Inc. v. Mil. Sales & Serv. Co., No. CV 10-207-M, 2014 WL 12782199, at *6 (D.R.I. Jan. 15, 2014). Citation taken from Flynn v. Cable News Network, Memorandum Opinion & Order, page 9 (16 December, 2021).

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