Special Damages

In one sentence

Specific, measurable losses that result from a breach and must be proven with evidence.

Plain English

Special damages are the concrete, quantifiable losses someone suffers because of a contract breach—things like lost profits, repair costs, or medical bills. Unlike general damages (which are assumed to flow from any breach), special damages must be proven with evidence and must be reasonably foreseeable when the contract was made. The injured party has to show exactly how much money they lost.

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Example

A contractor breaks a contract to finish a renovation by a deadline. The homeowner can claim special damages for the cost of renting a temporary apartment while waiting for completion, but only if they can prove those rental costs with receipts.

Used in a sentence

“The plaintiff claimed special damages of $5,000 for the cost of hiring another contractor to complete the work.”

Related terms

Punitive Damages

Extra money awarded to punish wrongful conduct and deter future misconduct.

Mitigation of Damages

A duty to take reasonable steps to minimize losses caused by another party's breach.

Consideration

Something of value exchanged by each party to make a contract binding.

Breach

A failure to do what a contract requires, such as not paying or not delivering.

Specific Performance

A court order forcing someone to actually do what they promised in the contract.

Quantum Meruit

Payment for work done when no formal contract price exists.

Offer

A proposal to enter into a binding agreement on specific terms.

Acceptance

Agreeing to the exact terms of an offer, creating a binding contract.

This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.