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Quid pro quo

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Quid pro quo (From the Latin meaning "something for something" [1]) indicates a more-or-less equal exchange or substitution of goods or services.

English speakers often use the term to mean "a favour for a favour" and the phrases "what for what", "give and take", "tit for tat (this for that)", "You scratch my back, I'll scratch yours" have similar meanings.

In legal usage, quid pro quo indicates that an item or a service has been traded in return for something of value, usually when the propriety or equity of the transaction is in question. For example, under the common law (except in Scotland), a binding contract must involve consideration: that is, the exchange of something of value for something else of economic value. If the exchange appears excessively one sided, courts in some jurisdictions may question whether a quid pro quo did not actually exist and the contract may be voidable. [2]

Another set of examples arises when an exchange is prohibited by public policy. Where prostitution is illegal, it remains common and lawful to use gifts, expensive meals and so on, as a means of attracting a sexual partner. The distinction is whether sexual favors are directly conditional on receiving gifts and vice-versa. In the absence of such a quid pro quo, there is no prostitution. Similarly, political donors are legally entitled to support candidates that hold positions with which the donors agree, or which will benefit the donors. Such conduct becomes bribery only when there is an identifiable exchange between the contribution and official acts, previous or subsequent, and the term quid pro quo denotes such an exchange. The term may also be used to describe blackmail, where a person offers to refrain from some harmful conduct in return for valuable consideration.

The term is also widely used to denote a type of sexual harassment in two variations, one of which answers to bribery and the other to blackmail. In the former case, unwarranted advancement is offered in return for sexual favors. In the second, deserved advancement, or simple continuation in service, is conditional on sexual receptivity. Quid pro quo makes the situation of a boss asking a subordinate for sex, or vice-versa, repugnant to the law.

Other meanings

Quid pro quo may less commonly refer to something (originally a medicine) given or used in place of another.

Quid pro quo may sometimes be used to define a misunderstanding or blunder made by the substituting of one thing for another, particularly in the context of the transcribing of a text.[3]

Quid pro quo may sometimes be described as the idiom,"You scratch my back and I'll scratch yours". In legislative contexts, it may take the form of vote trading. It may also describe the reverse situation, for example when a donor expects something in return later.

Quid pro quo is often used as a term in England to mean 'What's in it for me?'

The word Quid is a British slang term for a unit/units of the currency Pound Sterling (e.g. Twenty Pounds/ Twenty Quid) and is believed to come from the phrase Quid pro quo, referring to currency as a means of exchange.

The phrase qui pro quo, or quiproquo (from medieval Latin: literally qui instead of quo) is common in languages such as Italian, Portuguese, Spanish and French, where it means a misunderstanding.[4]

In those languages, the phrase corresponding to the usage of quid pro quo in English is do ut des (Latin for "I give, so that you may give").[5]

  • Hannibal Lecter in The Silence of the Lambs (novel and film) uses this phrase to demand personal information from the FBI's agent Clarice Starling in exchange for information.
  • Hank Moody, played by David Duchovny in the Showtime T.V. show Californication uses this line when talking to a girl in bed that he had slept with. She states, "You're nice to me, I am nice to you.." to which Moody replies, "That's very quid pro quo..."
  • Quid pro quo Is also the name of the third installment of the Halo 3 Video Documentaries
  • In The Lion King the phrase is used in the song "Be Prepared" by Scar when he is talking to the Hyenas about helping him.
  • In the Season 1 Episode of Prison Break ("Sleight of Hand"), Scofield uses the phrase in relation to his agreement with mob boss Falzone. Scofield was to give Falzone the location of Fibonacci (a man in witness protection who witnessed a murder Falzone committed and who planned to testify against him) in exchange for $200,000 in cash once he escapes from prison.
  • In World of Warcraft the succubus warlock pet uses the phrase when ordered to attack.
  • In Veronica Mars, Aaron Echolls used this phrase when Kendall Casablancas propositioned him while he was in prison awaiting trial for murder.
  • In Apollo Justice, Justice uses this phrase when Phoenix Wright decides to help with anything he can, as long as there's no money involved.
  • In Disney's Aladdin, the genie uses the phrase "There are a few provisos, a couple of quid pro quos" when Aladdin asks if the genie will grant him any three wishes he wants. The genie then proceeds to list the types of wish he cannot grant.
  • In Halo 3, on the opening level of Sierra 117, the last fight area to recapture Johnson is titled Quid Pro Quo.
  • Is also used in dialogs in Sleuth
  • In the Broadway adaptation of The Little Mermaid, during the song "Poor Unfortunate Souls", Ursula states that there is a squid pro quo in her deal with Ariel.
  • Quid Pro Quo is name of a film made by Carlos Brooks released in 2008.
  • An episode of Boston Legal is titled "Squid Pro Quo" - a reference to an aspect of the trial in that episode, and a supporting character referred to as "The Squid."
  • In the book The Shadow of the Wind by Carlos Ruiz Zafón

See also

Notes

  1. ^ Merriam-Webster, the American Heritage Dictionary of the English Language (Fourth Edition), and the New Dictionary of Cultural Literacy (Third Edition)[1] all so define the Latin expression.
  2. ^ One such example is "section 2-302 of the [[Uniform Commercial Code]]". {{cite web}}: URL–wikilink conflict (help)
  3. ^ "Blunder made by using or putting one thing for another (now rare)" – Concise Oxford Dictionary, 4th edition, 1950.
  4. ^ Qui pro quo used to refer to a copying mistake made by a scribe, qui being the nominative case and quo the ablative case of the same personal pronoun.
  5. ^ Further information may be found in the AWADmail Issue 49