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Actionable Per Se: Meaning and Definition
In circumstances of torts, this legal term is applicable. There are some torts that are actionable per se and no proof of damage is necessary, but in general, proof of damage or evidence of value is required in torts. Just by happening, such a tort qualifies as actionable. Think of defamatory acts like libel or slander.
What is Actionable Per Se?
The phrase "actionable per se" was first used in Australian law. Actionable literally means "action/act," and "per se" (Latin for by itself) refers to something that can be punished on its own without the need for evidence of harm.
Illustrations
The two most prominent examples of actionable per se are trespass and defamation.
Aman falls as a result of B pulling the chair just as Aman was about to sit down. Whether or not Aman was harmed, the assault crime has been committed, and Aman will face penalties under Section 352 of the Indian Penal Code.
B gets locked within the go−down by A, who is not aware that he is there. Since the act is actionable per se, A will be held accountable for false imprisonment.
Important Case Laws
There are various important case laws which talks about “actionable per se” but we will discuss two most important case laws as given below−
In Ashby v. White, the defense officer stopped the plaintiff from casting his ballot even though he was fully eligible to do so. Despite this, the complainant planned to vote for the candidate who won the election. In this case, the court cited the dictum actionable per se and determined that the defense officer is accountable for denying the plaintiff the opportunity to exercise his right to vote.
The maxim was used in the case of Srikant Roy v. Satcori Shaha, and the plaintiff was deemed accountable for providing false testimony during the course of the legal process.
Conclusion
This maxim is applicable in situations like assault, battery, wrongful imprisonment, libel (written defamation), trespass, etc. where the act alone serves as proof and no other evidence is needed to hold the offender accountable for the wrongdoing. Even though the plaintiff experienced harm as a result of the wrongdoing, it is irrelevant in such situations.
Frequently Asked Questions
Q: What is meant by actionable per se?
Ans: It means that a person doesn’t have to prove that he suffered loss or damage in order to take the case to court.
Q: What is the difference between actionable and actionable per se?
Ans: Actionable Per Se is a legal phrase that originated in Australian Law. Actionable means 'action/ act' and 'per se' (Latin term) means by itself and hence, the phrase literally means an act or action punishable by itself and which does not require any proof of damage.
Q: What is the meaning of per se example?
Ans: Per se means “by itself” or “intrinsically,” and it's often used to avoid making generalizations, as in I don't dislike pizza per se, which means, I'm just not in the mood for it.
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