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SourceLaw Dictionary Browse Letter S

Special Damage

Legal definition for Indian law research

Definition

Special damage, such a loss as the law will not presume to be the consequence of the defendant's act, but which depends in part at least on the special circumstances of the case. It must therefore be explicitly claimed on the pleadings, and at the trial it must be proved by evidence both that the loss was incurred and that it was the direct result of the defendant's conduct. a mere expectation or apprehension of loss is not sufficient (Odgers on Pleading).

Definitions are for legal research. Always verify meaning in the context of the statute, judgment, or jurisdiction cited.

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