3.11-7 Damages for Libel Per Quod
Revised to January 1, 2008
In an action for libel per quod, the
law does not presume that the plaintiff sustained injury to (his/her)
reputation. As I have previously instructed you, to recover in an action of
libel per quod, the plaintiff must prove to you that (he/she) incurred what is
called actual damages, also called special damages, that is an actual injury or
loss. The loss must be caused by the publication of the defamatory statement.
The special damages must be of a
material nature and, generally, must be of a pecuniary nature, that is dealing
<Insert relevant portions of
instruction on special damages and punitive damages, contained in
Damages for Libel/Sander Per Se, Instruction 3.11-8.>
The special damages can include both
the damages that the plaintiff has already suffered and the damages that the
plaintiff is likely to suffer in the future.
If the plaintiff has proven to you
that as a result of the defamatory statements made by the defendant, (he/she)
has suffered, or in reasonable probability will suffer, a financial loss,
(he/she) is entitled to compensation for that loss. If (he/she) has failed to
prove any such damage, your verdict must be for the defendant.