general damages

General damages in English law is used in a number of different contexts in contract law and the law of torts.

References to General Damages

In contract cases, general damages term can be used to refer to:

1. damages which arise in the direct and probable consequence of a breach of contract, in accordance with the rule in Hadley v Baxendale;
   Special Damages on the other hand is damage suffered by a claimant in the particular circumstances of claimant. They are not available unless the particular type of damage was in the contemplation of the parties as at the date of the contract, which is a test that relies on the knowledge of the parties as at the date of the contract. Whether or not damage of the sort claimed will depend upon what each of the parties knew about the affairs of the other, and the damage which was likely to be suffered if a breach of a particular term of the contract was to take place. This damage is "special" in the sense that special facts must be communicated between the parties in order for liability for special damages to arise.
2. damage suffered which cannot be measured precisely or precisely; other than a sum which is reasonable from the perspective of a reasonable person.
   Damages suffered as a result of passing off or defamation are types of such cases. There is no analytical basis for arriving at a figure to be paid by the defendant. Special damages on the other hand are amendable to be fixed by reference to a specific figure, such as expenditure paid over as a result of the breach of contract.

Entitlement to General Damages

A claimant is entitled to recover general damages for losses sustained which are presumed to result from the infringement of a legal right or duty. Damages must be proven, but are not able to be measured precisely. In contract cases, general damage is the damage suffered by the innocent party caused by a breach of contract which cannot be assessed by reference to a precise measure, and are those which a reasonable person would award having regard for the facts of the case, and rules limiting remoteness of damage and the duty of the claimant in respect of mitigation of loss.