Per quod is a
Latin
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...
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
Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...
''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
Per se may refer to:
* ''per se'', a Latin phrase meaning "by itself" or "in itself".
* Illegal ''per se'', the legal usage in criminal and antitrust law
* Negligence ''per se'', legal use in tort law
*Per Se (restaurant)
Per Se is a New Ameri ...
'' where the special damages are presumed.
[ “ famation 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).
References
Latin legal terminology
{{Latin-legal-phrase-stub