Legal Definitions - Special damages

Special damages are a type of legal compensation that can be specifically calculated and proven in court. This term can have different meanings depending on the area of law and jurisdiction.

In tort law, special damages refer to damages that have a clear monetary value, such as medical expenses, lost wages, or property damage. These damages can be calculated and proven with receipts, bills, and other evidence. They are contrasted with general damages, which refer to damages that do not have a set monetary cost, such as pain and suffering or emotional distress.

For example, if someone is injured in a car accident and incurs medical expenses, those expenses would be considered special damages. The injured person can provide receipts and bills to prove the amount of money they spent on medical treatment.

In contract law, special damages are also known as consequential damages. They refer to damages that are not a direct result of a breach of contract, but are a consequence of that breach. These damages are not always foreseeable and may not be included in the contract itself.

For example, if a contractor breaches a contract to build a house, and as a result, the homeowner has to pay for a hotel while waiting for the house to be completed, the cost of the hotel would be considered special damages. These damages are not a direct result of the breach of contract, but are a consequence of it.