Special Damages

What Are Special Damages in Tort Law?

Quick Definition

Special damages refer to compensation for quantifiable monetary losses incurred as a direct result of the defendant's actions. These damages cover specific financial expenses such as medical bills, lost earnings, and property repair costs.

In Context

Special damages are typically awarded in cases where the claimant can provide clear evidence of financial loss. For instance, in a car accident case, the claimant might receive special damages to cover the cost of vehicle repairs and medical treatment. Unlike general damages, which are more subjective, special damages require precise documentation, such as receipts and invoices. A notable case illustrating special damages is British Transport Commission v. Gourley (1956), which dealt with the calculation of lost earnings.

See Also

• General Damages

• Compensatory Damages

• Economic Loss

Learn More

Discover more about special damages and other tort law principles with our Tort Law Notes for detailed case law, examples, and revision tips.