Also known as: special circumstance exception · special circumstances
Written by attorneys · grounded in primary & secondary sources — see below
A qualifier that permits deviation from a general legal rule when unusual facts are present that undermine the rule's normal application or justify a different outcome.
Officer Ramirez stops Sofia Stern for a broken taillight. His certified narcotics dog alerts on the trunk. No evidence shows the dog was poorly trained or handled improperly. The alert supplies probable cause to search the trunk.
Stonehaven Properties accepts defective windows from Skyline Construction. The windows cause unusual water damage that exceeds the ordinary difference in value. The court awards damages reflecting the actual proximate loss shown by the special circumstances.
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Spencer Silver contracts to supply custom parts to Serena Soto for a time-sensitive government bid. Silver breaches. Soto loses the bid because Silver knew of the special deadline and the bid's importance. The loss is recoverable as foreseeable under the special circumstances.
Sierra Solutions obtains a judgment against Synergy Systems for ongoing trespass. At the time of judgment the trespass has ceased. Special circumstances show the trespass is likely to resume immediately. The court issues the injunction despite the change in facts.
Union members picket at a shopping center owned by Samuel Soto. The center invites the public to shop. Special circumstances show the picketers have no reasonable alternative channel to reach employees. The owner may not exclude them under the governing standard.
The alert fails when special circumstances undermine the dog's reliability. Training and certification evidence normally suffices. Formal field statistics are not required unless those circumstances appear.
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They permit recovery of proximate damages different from the standard value difference. The buyer must prove the special facts and the resulting loss amount.
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The loss must result from facts beyond the ordinary course of events that the breaching party had reason to know at contracting. Disclosure during negotiations satisfies the requirement.
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Special circumstances must require a different determination. The court compares probable consequences of granting or denying the injunction at the time of decision.
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…rule against employees on his premises who are also union organizers, unless he can prove that the rule is necessitated by special circumstances. The Court of Appeals enforced the Board's cease-and-desist order but on the basis of yet another theory. While acknowledging that the source of the pickets' rights was § 7 of the Act, the…