Commercial Law Index

This case concerned the difference between a claim for special and general damages. The court found that damages is a method by which courts offer monetary reparation to persons whose rights in contract law have been violated, as a means to restore them to the situation in which they would have been but for the violation. Thus, damages play an invaluable role in the capacity of courts to give solatium (compensation or consolation) to the parties. Therefore, the claim for damages will be premised on the cause or causes of the violation and the consequences attached. The court found that in order to succeed with a claim for damages the plaintiff must satisfy the court with credible proof that there has been a breach, giving rise to the cause of action.

The plaintiff claimed loss of labour, unrefunded deposits and administrative expenses in its claim for damages, constituting special damages. While general damages are presumed by the law from the invasion of a right, special damages refer to the particular damage suffered by a party beyond that presumed by law from the mere fact of an invasion of a right and must be proved strictly by evidence. Thus, if a plaintiff does not specifically plead his loss and prove it, he cannot succeed in a claim for special damages.

The appeal succeeds in part.