DAMAGES AND REMEDIES — Special Damages — General Damages — Distinction Between Special and General Damages

"It is usually a question of pleading, and proof and the mode of assessment. One is specifically pleaded and strictly proved because it is exceptional in its nature such as the law will not infer from the nature of the act which gave rise to the claim. Hence, the claim is known as special damages. The other is general damages which when averred as having been suffered, the law will presume to be the direct natural or probable consequences of the act complained of but the quantification thereof is at the discretion of the Court. Therefore in no circumstances can general damages be properly substituted for special damages, which a Plaintiff has failed to specifically plead and prove."