Subject Matter Index

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Considerations for a Judge in making an award of special damages

Effect of an unchallenged claim for special damages

Effect of failure to specifically plead and strictly prove special damages

Effect of failure to specifically plead special damages

How special damages must be pleaded

Meaning and proof of special damages

Meaning of special damages

Nature of "strict proof" required for special damages

Nature of special damages

Nature of special damages in contracts of service

On whom lies the burden of proving special damages in an action

Position of the law where, in a claim for special damages, the plaintiff proves less than the amount claimed

Principles guiding the grant of special damages

Purpose of pleading special damages

The basis of the law requiring the giving of particulars of special damages

The essence of pleading particulars of special damages

The position of the law that a plaintiff must prove special damages

The principle that a trial court cannot make its individual assessment of special damages once there is evidence

The principle that in the award of special damages, the Court must make a specific award on each item claimed.

The principle that special damages must be particularized and strictly proved

The principle that special damages must be specifically pleaded and strictly proved

The principle that special damages must be strictly proved

The purport of the rule that special damages must be strictly proved

The rationale for requiring strict proof of special damages

The rule that special damages are awarded for actual or exact losses suffered

The rule that special damages must be pleaded and particularised

The specific pleadings required for special damages

What a claimant seeking the court to award salary as special damages must do

What constitutes special damages

What plaintiff must do for a relief of special damages to succeed

What special damages connotes

When the requirement of strictly pleading special damages will be said to have been satisfied

Whether a claim for loss of income is a claim for special damages

Whether a claim for loss of use is an item under special damages

Whether a claim for special damages can succeed because it is admitted

Whether a general traverse is sufficient to join issues on the claim for special damages

Whether a Judge can make his own assessment of special damages

Whether a party is entitled to special damages for refusal to pay compensation for his land

Whether a plaintiff must prove all items claimed under specific damages to be entitled to the award

Whether a plaintiff who has pleaded and given particulars of special damages must be granted the relief

Whether a receipt is strict proof of payment to satisfy the court for special damages

Whether a trial Judge make his own assessment or speculate on special damages

Whether anticipated loss of profit constitutes special damages

Whether it is mandatory to prove special damages by the production of receipt

Whether loss of customers constitutes special damages

Whether salaries, allowances, emoluments etc are special damages that must be proved by evidence

Whether solicitor's fees and out-of-pocket expenses are recoverable as special damages

Whether Special damages are awarded as punishment

Whether special damages are awarded at the discretion of the court

Whether special damages can be awarded on the state of the pleadings or on the basis of admission

Whether special damages can be determined on the pleadings alone

Whether special damages must be specifically pleaded

Whether special damages must be supported by evidence by arithmetical calculation

Whether the court can award special damages based on speculation

Whether there is a particular type or quantity of evidence to support a claim for special damages

Whether unchallenged ipse dixit is automatic proof of special damages

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