quid pro quo


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Quid Pro Quo

[Latin, What for what or Something for something.] The mutual consideration that passes between two parties to a contractual agreement, thereby rendering the agreement valid and binding.

In common usage, quid pro quo refers to the giving of one valuable thing for another. Quid pro quo has the same meaning in the law but with varying implications in different contexts.

Quid pro quo, or the exchange of valuable consideration, is required for the formation of a valid contract between individuals who are not merchants. This requirement of mutual consideration, or the exchange of something of value, indicates the sincerity of the parties' intent to adhere to the contract between them.

The term quid pro quo is also used in the contexts of politics and Sexual Harassment. In politics quid quo pro can refer to the use of political office for personal benefit. For instance, an elected official might promise favorable governmental treatment to a person in exchange for something of value. This form of quid pro quo would be a violation of the law. On the federal level, the Hobbs Act (18 U.S.C.A. § 1951 [1994]) makes it a felony for a public official to extort property under color of office. Trading campaign contributions for promises of official actions or inactions are also prohibited under the act.

In the area of sexual harassment, quid pro quo describes a form of sexual blackmail. Quid pro quo sexual harassment is the conditioning of employment benefits on an employee's sub-mission to unwelcome sexual conduct. Title VII of the civil rights act (42 U.S.C.A. § 2000 (e)-2 [1988]) provides a remedy for quid pro quo sexual harassment. Most courts follow the Equal Employment Opportunity Commission's guidelines and hold that the necessary quid pro quo exists if submission to unwelcome sexual advances "is made either explicitly or implicitly a term or condition of an individual's employment" or if submission to unwelcome sexual advances "is used as the basis for employment decisions affecting such individual" (29 C.F.R. § 1604.11(a)(1)-(2) [1997]).

Further readings

Dickinson, Lynn T. 1995. "Quid Pro Quo Sexual Harassment: A New Standard." William and Mary Journal of Women and the Law 2 (fall).

Yarbrough, Steven C. 1996. "The Hobbs Act in the Nineties: Confusion of the Quid Pro Quo Standard in Extortion Cases Involving Public Officials." Tulsa Law Journal 31 (summer).

quid pro quo

(kwid proh kwoh) n. Latin for "something for something," to identify what each party to an agreement expects from the other, sometimes called mutual consideration. Example of its use: "What is the quid pro quo for my entering into this deal?" (See: consideration)

quid pro quo

noun agreement, counterbalance, counterpoise, equipoise, exchange, express agreement, give and take, interchange, measure for measure, mutual agreement, mutual consideration, mutual understanding, one thing in return for another, reciprocality, reciprocation, reciprocity, something equivalent, something for someehing, substitute, understanding
See also: collection, payment

quid pro quo

‘something in exchange for something else’.

QUID PRO QUO. This phrase signifies verbatim, what for what. It is applied to the consideration of a contract. See Co. Litt. 47, b; 7 Mann. & Gr. 998.

References in periodicals archive ?
Nevertheless, it would not be surprising that the availability of the anti-fraud provisions of the federal securities laws, without any quid pro quo requirements, would encourage the criminal authorities to take greater interest in investigating and prosecuting alleged public corruption involving the securities markets.
In addition to the inducement claim, Evans challenged the jury instructions from his trial on the grounds that they did not "properly describe the quid pro quo requirement for conviction if the jury found that the payment was a campaign contribution.
The Quid Pro Quo of Patent Law: The Patent as an Exchange
Thus, she framed her theory of harassment as quid pro quo harassment.
Ladies and gentlemen, lords and ladies, it's all about quid pro quo.
This Note examines the twenty-five year history of quid pro quo sexual harassment, from its inception in the late 1970s through its treatment over the past five years, during which its importance and utility in the harassment lexicon has been greatly diminished.
14) In effect, Ellerth recasts the old quid pro quo doctrine as tangible employment action doctrine.
Here is a tip, the Logistics and Operational Branches are notorious and very skilled in the quid pro quo game.
According to the Guidance, a "school will always be liable for even one instance of quid pro quo harassment," even if the school didn't know about the harassment.
Perhaps the last round of property tax reductions freely bestowed on timber corporations should have been traded for reductions in logging rates, quid pro quo.
The legislative history of OBRA explains that Congress was concerned with quid pro quo "donations" that, while deducted as charitable contributions, in reality constituted a payment for goods and services.
Leaving aside that paid professionals in such organizations as the Red Cross get their quid pro quo in the form of salaries, it is a legitimate question.