LEGAL PRINCIPLE: CIVIL PROCEDURE – Remedies – Special Damages – Distinction from General Damages – Legal Character
PRINCIPLE STATEMENT
General damages, as understood, are such as the law will presume to be the direct, natural or probable consequence of the act complained of; special damages on the other hand, are such as the law will not infer from the nature of the act; they do not follow in ordinary course; they are exceptional in their character and, therefore, they must be claimed specially and proved strictly.
RATIO DECIDENDI (SOURCE)
"General damages, as I understand the term, are such as the law will presume to be the direct, natural or probable consequence of the act complained of. Special damages on the other hand, are such as the law will not infer from the nature of the act. They do not follow in ordinary course. They are exceptional in their character and, therefore, they must be claimed specially and proved strictly."
EXPLANATION / SCOPE
This fundamentally distinguishes general from special damages. General damages: Law presumes them—direct, natural, probable consequences of wrong; follow in ordinary course; need not be specially pleaded; and court infers from nature of wrong. Examples: pain/suffering in personal injury, loss of amenity, general consequential loss. Special damages: Law doesn’t infer them—exceptional, not ordinary consequences; don’t follow in normal course; must be specially claimed and strictly proved. Examples: specific financial losses, actual expenses incurred, quantified lost earnings. Key distinctions: (1) Inference: General—law presumes; Special—law doesn’t infer. (2) Nature: General—natural consequences; Special—exceptional. (3) Pleading: General—need not specially plead; Special—must claim specially. (4) Proof: General—established generally; Special—strict proof required. “Exceptional character” means: unusual, specific to claimant, and not predictable consequences. This serves: requiring claimants to: identify special losses specifically, give defendant notice, and prove actual special damages with precision. Why distinction matters: General damages—defendant expects potential liability for natural consequences; Special damages—defendant needs specific notice of exceptional claims to defend properly. Courts can: award general damages without special pleading/proof, but cannot award special damages without: special claim, particularization, and strict proof. This framework ensures: defendants have notice of exceptional claims, special losses are proven (not assumed), and distinction between ordinary and exceptional damages is maintained.