The term appears in negligence per se, defamation per se, antitrust per se violations, and per se rules generally. In each context it identifies conduct treated as establishing an element without case-specific analysis.
The alternative is rule of reason or contextual analysis.
Alternative Names:
By Itself|Inherently
Why it Matters?
Per se treatment eliminates the analysis that would otherwise apply, which is why establishing or defeating per se status frequently determines outcomes. In antitrust, per se illegality removes the procompetitive justification defense available under rule of reason. In defamation, per se categories permit presumed damages without proof of loss, which is why characterizing a statement as within a per se category matters substantially.
Frequently Confused with
Related terms
Frequently asked questions
Why does per se status matter?
What does defamation per se permit?
