Also known as: per se doctrines · per se rule · per se rules · per se · per se violation
Written by attorneys · grounded in primary & secondary sources — see below
A doctrine under which specified conduct or conditions are treated as inherently actionable, illegal, or unconstitutional without further inquiry into harm, intent, or competing interests.
Perry Pratt published a statement about Paige Porter that did not qualify as slander actionable per se. The statement nevertheless caused Porter to lose a specific business contract. Porter recovered damages from Pratt because the publication was the legal cause of her special harm.
Pablo Perez owned coastal land that a state regulation barred from all development. The rule left Perez with no economically beneficial use of the parcel. The court treated the regulation as a per se taking that required just compensation.
Select any source to read its text and confirm it supports the definition.
Pilar Pena published a written statement that harmed Patricia Patel's reputation. Patel proved no actual economic loss. The court still awarded Patel nominal damages because the publication was libel.
Phoebe Park owned property subject to a two-year moratorium on all construction. The restriction was imposed while the government completed a land-use plan. The court declined to classify the moratorium as a per se taking and instead weighed its duration and purpose against Park's expectations.
Premier Manufacturing published a spoken statement about Paragon Construction that qualified as slander actionable per se. The statement caused Paragon to lose a specific contract. Paragon recovered the resulting special harm in addition to nominal damages.
A law firm agreed to represent Phoenix Technologies in one matter while simultaneously opposing it in an unrelated matter handled by a different office. The firm had not obtained informed consent from either client. The arrangement created a per se conflict that was presumptively improper.
Slander is actionable per se when it imputes serious sexual misconduct or conduct that adversely affects fitness for business, trade, or profession. In those instances the plaintiff may recover without showing special harm. Other slanders require proof that the publication was the legal cause of special harm.
No. A temporary moratorium that denies all economic use for a limited period is not automatically a per se taking. Courts instead examine the duration of the restriction, the government's planning purposes, the owner's reasonable expectations, and the effect on property value to decide whether compensation is required.
A defendant liable for slander actionable per se or for libel is liable for at least nominal damages. The defendant is also liable for any special harm legally caused by the publication and for proved actual harm to reputation.
A law firm may not represent one client in one matter and oppose that same client in another matter even if the matters are unrelated. Such directly adverse concurrent representation constitutes a per se conflict that is presumptively improper absent informed consent of all affected clients.