CONTRACT LAW — Damages — Proof of Special Circumstances and Losses
Principle Statement
It is elementary law that who asserts must prove. The appellant was duty bound to prove that it was the breach that caused the losses. Where the plaintiff fails to prove the special claim, the plaintiff will not be entitled to such damages.
Ratio Decidendi (Source)
Per Musdapher, JSC, in G. Chitex Industries Ltd v. Oceanic Bank Int'l (Nig.) Ltd (2005) NLC-1922000(SC) at p. 12; Paras B–C.
"It is elementary law that who asserts must prove. The appellant was duty bound to prove that it was the breach that caused the losses. … In such a circumstance where the plaintiff failed to prove the special claim, the plaintiff will not be entitled to such damages."
Explanation / Scope
The burden of proving that breach caused the claimed loss rests on the claimant. Special damages must be specifically proved. The principle applies to contract law and damages. The rule prevents recovery where causation is not established. The claimant cannot rely on speculation or mere assertion. Failure of proof bars entitlement to damages.
