Damages that are alleged to have been sustained in the circumstances of a particular wrong. • To be awardable, special damages must be specifically claimed and proved. — Often shortened to specials. — Also termed particular damages. See Fed. R. Civ. P. 9(g). [Cases: Damages 5. C.J.S. Damages §§ 3–6.]
special damages 特定损害赔偿 即对特定损害〔special damage〕的补偿。其所赔偿的损害不是从原告所指控的作为或不作为中推定的自然与可能的结果而是由此实际造成的结果。原告欲主张该种损害赔偿，须加以特别指明，并予以严格证明。 (→general damages)
Eminent domain. A benefit that accrues to the owner of the land in question and not to any others. • Any special benefits justify a reduction in the damages payable to the owner of land that is partially taken by the government during a public project. — Also termed peculiar benefit. [Cases: Eminent Domain 91.
future damages 未来损害赔偿金 指法院就被告之不法行为在未来将要产生的损害，例如可预见的痛苦、可能的医疗费用与谋生能力的减损等，判令其向受害人支付的赔偿金。这种损害赔偿是被诉行为的必然后果，而与特别损害赔偿金〔special damages〕相区别。
trade disparagement. The common-law tort of belittling someone’s business, goods, or services with a remark that is false or misleading but not necessarily defamatory. • To succeed at the action, a plaintiff must prove that (1) the defendant made the disparaging remark; (2) the defendant intended to injure the business, knew that the statement was
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A trial that is divided into three stages, such as for liability, general damages, and special damages. [Cases: Federal Civil Procedure 1961; Trial 3(5.1).]
Slander for which special damages need not be proved because it imputes to the plaintiff any one of the following: (1) a crime involving moral turpitude, (2) a loathsome disease (such as a sexually transmitted disease), (3) conduct that would adversely affect one’s business or profession, or (4) unchastity (esp. of a woman). [Cases: Libel
slander, n. 1. A defamatory assertion expressed in a transitory form, esp. speech. • Damages for slander — unlike those for libel — are not presumed and thus must be proved by the plaintiff (unless the defamation is slander per se). [Cases: Libel and Slander 1, 24. C.J.S. Libel and Slander; Injurious Falsehood§§ 2, 5–6,
per quod (p[schwa]r kwod), adv. & adj.[Latin “whereby”] Requiring reference to additional facts; (of libel or slander) actionable only on allegation and proof of special damages. See actionable per quod under ACTIONABLE; libel per quod under LIBEL; slander per quod under SLANDER. [Cases: Libel and Slander 1, 33. C.J.S. Libel and Slander; Injurious Falsehood§§ 2,
Slander that does not qualify as slander per se, thus forcing the plaintiff to prove special damages. [Cases: Libel and Slander 11, 33. C.J.S. Libel and Slander; Injurious Falsehood § 198.]