Summary: the writer
clearly explains about the differences between general and special damages. He
touches a little on special relief under the Specific Relief Act 1950 whereby
damages are claimed in non-monetary form such as property possession, specific
performance contract, and rectification of instrument, rescission of contract,
cancellation of instruments, declaratory decrees and injunction. This order is
executed by court to the delivering party under an obligation one is bound to
to the receiving party or claimant. Special damages are quantifiable damages
with proven figures when producing in the court for claim whereas general
damages are pre-set by the claimant but final assessment comes from the court.
Cost of repair, medical expenses, and property damage are some of the special damages
that constitutes to figures to be proved when claimed from party constituting
wrongful act. General damages are of non-quantifiable amount as it relates to
emotions and physical such has reputational damage, injury, suffering and so
on. This damages incurred can never be translated to monetary form and
certainly the defamatory statements affects and felt in different ways to every
individuals. When considering the damages of claim, the court will enter into
default judgement if defendant fails to show up in court for defence in the
case of special damages. On the contrary, default judgement is not applicable
for general damages and will consider interlocutory judgement to allow damages
to be analysed.
Review: The article
above describes the cases I have considered in this blog explaining the types
of damages that are incurred from plaintiff upon the defendant. Obviously not
all damages claimed by plaintiff are successful and some will be thoroughly
assessed by the court before finalizing the amount. Some damages are not in
monetary form which comes in the aspect of injunction (Specific Relief Act
1950) which is not mentioned in any of those articles above except this.
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