Written by attorneys · grounded in primary & secondary sources — see below
Compensatory damages awarded for harms other than those that ordinarily flow from the wrongful act. Recovery requires specific pleading and proof that the losses were caused by the conduct, were reasonably foreseeable, and could not have been avoided.
Sources & Authorities
How it applies
Common Examples
6
Holdover Tenant Triggers Rush Costs
NovaBio LLC remained in a biotech lab after its lease expired on June 30 even though Ridgefield University had already leased the space to Pharmatek Corp for a July 5 clinical trial. Pharmatek incurred substantial rush fees at outside labs because it could not access the specialized facility. The court awards those fees to Pharmatek as particular damages because they were caused by the holdover, were reasonably foreseeable to NovaBio, and could not reasonably have been avoided.
Invasion Yields Medical and Wage Losses
A reporter entered Dietemann's home without consent and used a hidden device to record his conversations about supposed healing practices. Dietemann incurred medical expenses and lost wages while seeking treatment for the resulting emotional distress. The court permits recovery of those amounts as particular damages because they are specific pecuniary losses distinct from general damages for the invasion itself.
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Restatements
Dictionaries
Dietemann v. Time, Inc.449 F.2d 245 (9th Cir. 1971)
School Suspension Causes Proven Expenses
Two students suspended from school without procedural protections incurred tutoring costs and lost part-time wages while preparing to challenge the discipline. They introduced receipts and employer records quantifying those outlays. The court treats the documented tutoring and wage losses as particular damages that must be proved rather than presumed.
Carey v. Piphus435 U.S. 247, 253 (1978)
Credit Report Causes Specific Business Harm
A construction company lost a bank loan and incurred extra borrowing costs after Dun & Bradstreet published a false credit report to a limited audience. The company introduced loan documents and interest-rate differentials to quantify the added expense. The court allows recovery of those concrete financial losses as particular damages.
Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc.472 U.S. 749 (1985)
Oil Platform Closure Produces Extra Labor Costs
Continental Oil's negligence forced Offshore Rental to close a drilling platform for several weeks. Offshore Rental paid overtime wages and expedited shipping fees to relocate equipment and retain key personnel. The court awards those quantified outlays as particular damages because they represent actual pecuniary harm beyond any presumed loss.
Apex Livestock delivered hybrid seeds three weeks after the contract date. Gail had already arranged an export sale at premium prices that required planting by early April. Gail proves the precise amount of lost profit with the foreign buyer's contract and market-price data. The court classifies that documented loss as particular damages that Apex could reasonably have foreseen.
Common questions
Frequently Asked
4
When must particular damages be pleaded and proved?+
Particular damages must be specifically alleged and supported by evidence because they do not ordinarily flow from the wrongful act. General damages are presumed from the nature of the harm, but particular damages require proof of actual pecuniary loss such as medical bills, lost wages, or extra costs.
What limits recovery of particular damages in a holdover case?+
Recovery is limited to losses caused by the holdover that the tenant could reasonably have foreseen at the time of holding over and that the injured party could not reasonably have avoided. Equitable considerations may also reduce or eliminate the award.
How do particular damages differ from general damages in tort?+
General damages compensate harms that normally result from the tort and need not be specially pleaded. Particular damages compensate other, more unusual harms and therefore require proof of the specific amount and causation.
Must the breaching party know the exact amount of lost profits to be liable for particular damages?+
No. The breaching party need only have reason to foresee the general type of loss as probable. Specific knowledge of the precise buyer or dollar amount is not required.
418 U.S. 323, 94 S. Ct. 2997, 41 L. Ed. 2d 789 (1974)Torts
…for failure to state a claim upon which relief could be granted, apparently on the ground that petitioner failed to allege special damages. But the court ruled that statements contained in the article constituted libel per se under Illinois law and that consequently petitioner need not plead special damages. After answering…