Special Damages
Legal Definition and Related Resources of Special Damages
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Meanings, Synonyms, Etymology, Translations and More
Meaning of Special Damages
Such damages as arise from special circumstances of the case which, if properly pleaded, may be added to the general damages. while general damages are those that naturally and necessarily result from the act complained of, special damages are those that naturally but not necessarily result from the same. See Parker v Harris Pine Mills, Inc., 206 Or. 187, 291 P.2d 709. It is necessary that notice of the specific damages complained of should be given to the adversary. See Ellis v Crockett, 451 P.2d 814, 51 Haw. 45. They must be particularized and alleged with sufficient certainty to notify the defendant of the item of damage for which compensation is sought. See Erick Bowman remedy Co. v Jensen Salsbery Laboratories, (C.A.8. Minn.) 17 F.2d255, 52 A.L.R. 1187.
Special Damages Alternative Definition
The damages recoverable for the actual injury incurred through the peculiar circumstance of the individual case, above and beyond those presumed by law from the general nature of the wrong. See "Damages."
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This definition of Special Damages is based on the The Cyclopedic Law Dictionary. This entry needs to be proofread.
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General and special damages in Law Enforcement
Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of general and special damages.
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See Also
Law Enforcement Officer
Police Work
Law Enforcement Agency
Further Reading
general and special damages in A Dictionary of Law Enforcement (Oxford University Press)
general and special damages in the Encyclopedia of Law Enforcement
English Legal System: General And Special Damages
In the context of the English law, A Dictionary of Law provides the following legal concept of General And Special Damages: A classification of *damages awarded for a tort or a breach of contract, the meaning of which varies according to the context.
1. General damages are given for losses that the law will presume are the natural and probable consequence of a wrong. Thus it is assumed that a libel is likely to injure the reputation of the person libelled, and damages can be recovered without proof that the claimant's reputation has in fact suffered. Special damages are given for losses that are not presumed but have been specifically proved.
2. General damages may also mean damages given for a loss that is incapable of precise estimation, such as *pain and suffering or loss of reputation. In this context special damages are damages given for losses that can be quantified, such as out-of-pocket expenses or earnings lost during the period between the injury and the hearing of the action.
Special Damages