Damages are required for which defamation category?

Damages are required for which defamation category?

• A. Libel per se
• B. Libel pro quod
• C. Slander per se
• D. Libel not per quod

Answer: (B)

Damages in defamation depend on whether the statement is inherently defamatory or requires extra facts to make its meaning clear. Statements that are defamatory on their face (per se) carry presumed damages, so you don’t have to prove actual damages to win. Those that are not inherently defamatory and require additional context to understand their harm (per quod) need proof of actual damages to recover. Libel pro quod is a written defamation that requires extrinsic facts to show the defamation, so actual damages must be proven. That’s why this category is the one where damages are required. The per se categories (like libel per se or slander per se) allow damages to be presumed, and libel not per quod is generally treated the same as per se for purposes of damages.

Damages in defamation depend on whether the statement is inherently defamatory or requires extra facts to make its meaning clear. Statements that are defamatory on their face (per se) carry presumed damages, so you don’t have to prove actual damages to win. Those that are not inherently defamatory and require additional context to understand their harm (per quod) need proof of actual damages to recover.

Libel pro quod is a written defamation that requires extrinsic facts to show the defamation, so actual damages must be proven. That’s why this category is the one where damages are required. The per se categories (like libel per se or slander per se) allow damages to be presumed, and libel not per quod is generally treated the same as per se for purposes of damages.