Template:Special damages capsule: Difference between revisions

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[[Special damages]] are the direct out-of-pocket costs the innocent party incurs in dealing with the fallout of the breach of its contract and mitigating its loss. So, the £15 commission I had to pay www.wesellanycrappymotor.com to hock off your car for £50; the additional cost of hiring in a [[Homey don’t play that|last-minute replacement children’s clown]] when you didn’t show up at the party as you had promised to do.  
[[Special damages]] are [[damages]] the court awards you for the [[Consequential loss|consequential]] or [[indirect loss|indirect losses]] it suffers upon a breach of contract. Compare with [[general damages]] which are the damages a court awards as a result of [[direct loss]]es arising upon a breach of contract.


Again, bear in mind the point is to put the innocent contractor in the position she would have been ''had the contract been performed''. She would not have had to sell that car, so (presuming this expense was fair enough and reasonably foreseeable, determinate and so on) this will be recoverable on production of appropriate receipts.
Remember, folks: “[[damages]]” are payment orders made by a court. You don’t ''suffer'' damages. You get ''paid'' damages if you suffer a ''loss''. Well, an actionable one, any way.
 
Legal eagles are apt to confuse “losses” and “damages”, probably because “damage” is, in muggle-speak, a synonym for “loss”. In any case: consequential loss, indirect loss, special damages, consequential damages, indirect damages, special loss: ''all the same thing''.

Latest revision as of 16:05, 4 September 2023

Special damages are damages the court awards you for the consequential or indirect losses it suffers upon a breach of contract. Compare with general damages which are the damages a court awards as a result of direct losses arising upon a breach of contract.

Remember, folks: “damages” are payment orders made by a court. You don’t suffer damages. You get paid damages if you suffer a loss. Well, an actionable one, any way.

Legal eagles are apt to confuse “losses” and “damages”, probably because “damage” is, in muggle-speak, a synonym for “loss”. In any case: consequential loss, indirect loss, special damages, consequential damages, indirect damages, special loss: all the same thing.

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