Civil Jury Instructions Home

3.11-3  Libel Per Quod

Revised to January 1, 2008

The plaintiff alleges facts that (he/she) claims amount to a form of libel that is called libel per quod.  Libel per quod is a written communication that is not libelous on its face, but becomes libelous in light of other, additional facts known by the recipient of the communication.

For the plaintiff to recover in an action for libel per quod, you must find, by a preponderance of the evidence, that the defendant has committed libel, as I have previously defined that term to you, but that the communication became libelous because of other facts known by the recipient of the communication.  In addition, to recover in an action for libel per quod, the plaintiff must prove to you that (he/she) incurred actual damages.

Authority

Lowe v. Shelton, 83 Conn. App. 750, 765, cert. denied, 271 Conn. 915 (2004); DeMorais v. Wisniowski, 81 Conn. App. 595, 603-604, cert. denied, 268 Conn. 923 (2004); Lega Siciliana Social Club, Inc. v. St. Germaine, 77 Conn. App. 846, 852, cert. denied, 267 Conn. 901 (2003).