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.

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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.