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
"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."
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.
References
- Kolegas v. Heftel Broadcasting Corp., 607 N.E.2d 201, 206 (Ill. 1992).
- “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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