What is the difference between defamation per se and defamation per quod?

Defamation per se and defamation per quod are different types of defamation law in Idaho. Defamation per se is a type of defamation where the injury to one’s reputation is presumed to be so severe that damages don’t need to be proven. In Idaho, defamation per se is typically defined as words that accuse someone of criminal behavior, serious moral turpitude, or lack of professional or business integrity. Examples include saying someone is a thief or of engaging in sexual misconduct. On the other hand, defamation per quod is a type of defamation which requires proof of damages in order to recover. This type of defamation occurs when the statements made are not so obviously damaging that damages are assumed. The statement must be proven to be false, and the plaintiff must prove they experienced damages from the statement. An example of this type of defamation is if someone says something untrue about someone’s business practices. In Idaho, defamation per se is typically more serious and actionable than defamation per quod. Damages resulting from defamation per se can be easier to prove in court and the defendant can be more readily liable, while with defamation per quod, the plaintiff has to prove there were damages because of the statement.

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What is the difference between defamation per se and defamation per quod?

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