Also known as: special damages
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
Compensatory damages awarded for a specific harm other than one for which general damages are presumed. These damages must be pleaded and proved with particularity because they do not ordinarily flow from the tortious conduct.
Compensatory damages awarded for a specific harm other than one for which general damages are presumed. These damages must be pleaded and proved with particularity because they do not ordinarily flow from the tortious conduct.
Select any source to read its text and confirm it supports the definition.
Damages recoverable by a landlord or incoming tenant from a holdover tenant for losses caused by the improper possession after lease termination. Recovery requires that the losses were reasonably foreseeable to the tenant at the time of holding over and could not reasonably have been avoided by the injured party.
Select any source to read its text and confirm it supports the definition.
Damages recoverable by a landlord or incoming tenant from a holdover tenant for losses caused by the improper possession after lease termination. Recovery requires that the losses were reasonably foreseeable to the tenant at the time of holding over and could not reasonably have been avoided by the injured party.
Each sense below has its own examples, sources, and questions.
Silverline Industries published a false report that Sentinel Security was going out of business. Sentinel lost several large contracts as a direct result. Sentinel pleads and proves the specific lost contracts as special damages rather than relying on presumed general damages to reputation.
Sapphire Holdings published private financial details about Sophia Singh without consent. Singh lost a major employment opportunity that was traceable to the disclosure. Singh recovers the lost opportunity as special damage caused by the privacy invasion.
A magazine article falsely accused Seth Shapiro of professional misconduct. Shapiro proved no actual pecuniary loss from the publication. The court denies recovery of presumed general damages and requires proof of special damages to support the claim.
Dun & Bradstreet published a false credit report about Southland Foods. The company lost a specific loan commitment as a direct result. Southland Foods recovers the lost financing as special damages rather than presumed general damages to reputation.
A police department circulated a flyer labeling Serena Soto as an active shoplifter. Soto lost a job offer when the prospective employer saw the flyer. Soto must prove the specific lost employment as special damages to recover for the resulting harm.
Federal Rule of Civil Procedure 9(g) requires that any item of special damage be specifically stated in the pleading. This rule applies when the damages do not ordinarily flow from the tort and must be proved with particularity rather than presumed.
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General damages compensate harms that normally result from the tort and need not be specifically alleged. Special damages compensate other harms that must be pleaded and proved because they are not presumed to flow from the conduct.
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Yes. A plaintiff who establishes invasion of privacy may recover special damages that are a legal cause of the invasion, in addition to harm to privacy interests and proved mental distress.
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HarborLine Hotels had leased a beachfront building from Olivia Park for a week-long seaside festival and was fully booked. Miguel Cruz refused to vacate after his lease expired, forcing a delay in turnover. HarborLine incurred lost room revenue and reputational harm that it could not avoid because nearby hotels were sold out. The incoming tenant recovers the festival losses as special damages caused by the holdover.
The landlord or incoming tenant may recover special damages caused by the holdover if the tenant could reasonably have foreseen the losses at the time of holding over and the injured party could not reasonably have avoided them, unless equitable considerations justify relief.
Supporting sources
Yes. The rule permits an incoming tenant whose possession is blocked by the holdover to recover special damages that meet the foreseeability and avoidability requirements, without requiring the claim to be brought through the landlord.
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…for failure to state a claim upon which relief could be granted, apparently on the ground that petitioner failed to allege special damages. But the court ruled that statements contained in the article constituted libel per se under Illinois law and that consequently petitioner need not plead special damages. After answering…