Special Damages – damages that are alleged to have been sustained in the circumstances of a particular wrong, which must be specifically claimed and proved

special damages:

1. Damages that are alleged to have been sustained in the circumstances of a particular wrong.  *  To be awardable, special damages must be specifically claimed and proved. See Fed. R. Civ. P. 9(g). — Often shortened to specials. — aka particular damages; extraordinary damages. [1]

1. Such compensatory damages as arise from the special circumstances of the case, that is, the pecuniary circumstances of the case, and may, if properly pleaded, be added to the general damages.  22 Am J2d Damg § 15.

The natural, but not the necessary, result of an injury.  22 Am J2d Damg § 15.

Damages for breach of contract arising naturally but not necessarily from the breach.  Parker v Harris Pine Mills, 206 Or 187, 291 P2d 709, 56 ALR 2d 382.

Damages sustained by a plaintiff beyond the mere losss of his property.  Sarkesian v Cedric Chase Photographic Laboratories, 324 Mass 620, 87 NE2d 745, 12 ALR2d 899.

In the law of libel and slander, loss of a temporal or material advantage of any kind, such as loss of an emolument, a favorable marriage, a profitable employment, or even substantial hospitality.  33 Am J1st L & S § 204.
     The distinction between general and special damage arising from breach of contract are not absolute, but relative; in other words, damage which is general in relation to a contract of one kind may be classified as special in relation to another.  Kerr S.S. Co. v Radio Corp. of America, 245 NY 284, 157 NE 140 55, ALR 1139 cert den 275 US 557, 72 L Ed 424, 48 S Ct 118. [2]

3. Damages that may be added to the general damages in a case, and arise from the particular or special circumstances of the case; the natural but not necessary result of a tort; damages arising naturally but not necessarily from a breach of contract. [3]


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[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

[2]: Ballantine’s Law Dictionary with Pronunciations
Third Edition by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[3]: Ballantine’s Law Dictionary Legal Assistant Edition by Jack Ballantine (James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.


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