Per Quod

Defined in 4 dictionaries — Cyclopedic (1922), Ballentine's (1916), Black's (1910), Bouvier (1839)

The Cyclopedic Law Dictionary

Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

By which. Used in commonlaw pleading to introduce a conclusion. Sometimes used as the name of the clause averring special damages. PER QUOD CONSORTIUM AMISIT (Lat. by which he lost her company). If a man's wife is so injured that thereby he loses her company and assistance for any time, he has a separate remedy by an action of trespass (in the nature of an action on the case) per quod consortium amisit, in which he shall recover satisfaction in damages. 3 Bl. Comm. 140; Cro. Jac. 501, 538; 1 Chit. Gen. Prac. 59. PER QUOD SERVITIUM AMISIT (Lat. by which he lost her or his service). Where a servant has been so beaten or injured that his or her services are lost to the master, the master has an action of trespass vi et armis, per quod servitium amisit, in which he must allege and prove the special damage he has sustained. 3 Bl. Comm. 142. This action is commonly brought by the father for the seduction of his daughter, in which case very slight evidence of the relation of master and servant is necessary; but still some loss of service, or some expense, must be shown. 5 East, 45; Peake, 253; 1 Starkie, 287; 2 Starkie, 493; 3 Esp. 119; 5 Price, 641; 11 Ga. 603; 15 Barb. (N. Y.) 279; 18 Barb, (N. Y.) 212; 8 N. Y. 191; 11 N. Y. 343; 14 N. Y. 413; 20 Pa. St. 354; 5 Md. 211; 1 Wis. 209; 3 Sneed (Tenn.) 29. PER RATIONES PERVENITUR AD LEgitimam rationem. By reasoning we come to legal reason. Litt. § 386.

Ballentine's Law Dictionary

James A. Ballentine · 1916

By which.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

Lat. Whereby. When the declaration in an action of tort, after stating the acts complained of, goes on to allege the consequences of those acts as a ground of special damage to the plaintiff, the recital of such consequences is prefaced by these words, "per quod," whereby; and sometimes the phrase is used as the name of that clause of the declaration.

A Law Dictionary, Adapted to the Constitution and Laws of the United States

John Bouvier · 1839

pleading, by which, whereby. 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.