Per Quod


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Per Quod

[Latin, Whereby.] With respect to a complaint in a civil action, a phrase that prefaces the recital of the consequences of certain acts as a ground of special harm to the plaintiff.

At Common Law, this term acquired two meanings in the law of Defamation: with respect to slander, it signified that proof of special damages was required; in regard to libel, it meant that proof of extrinsic circumstances was required.

Words that are actionable per quod do not furnish a basis for a lawsuit upon their face but are only litigable because of extrinsic facts showing the circumstances under which they were uttered or the damages ensuing to the defamed party therefrom.

Cross-references

Extrinsic Evidence; Libel and Slander.

PER QUOD, pleading. By which; whereby.
     2. When the plaintiff sues for an injury to his relative rights, as for beating his wife, his child,, or his servant, it is usual to lay the injury with a per quod. In such case, after complaining of the injury, say to the wife, the declaration proceeds, "insomuch that the said E F, (the wife,) by means of the premises, then and there became and was sick, sore, lame, and disordered, and so remained and continued for a long space of time, to wit, hitherto, whereby he, the said A B, (the plaintiff,) lost", &c. 2 Chit. Pl. 422; 3 Bl. Com. 140. It seems that the per quod is not traversable. 1 Saund. 298; 1 Ld. Raym. 410; 2 Keb. 607; 1 Saund. 23, note 5.

References in periodicals archive ?
Illinois distinguishes between two categories of defamation: per se and per quod.
30) "Illud per quod homines in peccata inducuntur videtur esse non solum peccatum, sed principium peccatorum.
The Amended Complaint accuses one or more of the Defendants of libel per se, libel per quod, intentional interference with prospective economic advantage, unfair business practices and violation of California Corporations Code as to the two shareholder plaintiffs.
6 (6:45): "Requiritur enim lumen intellectus agentis, per quod immutabiliter veritatem in rebus mutabilibus cognoscamus, et discernamus ipsas res a similitudinis rerum"; see Bruno, 1991, 2.
34) "Omne igitur quod est post primum ens, cum non sit suum esse, habet esse in aliquo receptum, per quod ipsum esse contrahitur; et sic in quolibet creato aliud est natura rei quae participat ease, et aliud ipsum esse participatum.
Matiya was well bought by Sheikh Hamdan for 20,000gns and the likes of Per Quod, Kala Dancer, Tipsy Creek, Alshakr, Batshoof, Bin Ajwad and Ramooz also didn't cost a great deal of money for what they achieved.
The court ruled that the statements were not libelous per se and did not meet the special damages requirement to be libel per quod.
The Classic-winning trainer will be ending an association of more than 25 years at the Hamilton Road yard, in which he enjoyed Classic success with 1986 1,000 Guineas and Oaks winner Midway Lady and also had care of star performers Kala Dancer, Per Quod and Tipsy Creek.
He landed the 1,000 Guineas and Oaks double with Midway Lady in 1986, and is also associated with other good horses, including Dewhurst winner Kala Dancer, Per Quod, Tipsy Creek, Batshoof and Matiya.
Who trained the following Ormonde Stakes winners: (a) Seismic Wave, 1985 (b) Mountain Kingdom, 1989 (c) Braashee, 1990 (d) Per Quod, 1991?
There is an Esher double for Henry Cecil, Steve Cauthen and Sheikh Mohammed as Indian Skimmer catches Per Quod (Ben Hanbury/ Bruce Raymond) in the Gordon Richards, and Old Vic outruns Spring Hay (Clive Brittain/Michael Roberts) in the Classic Trial.