Also known as: special injury · special damages
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
Compensatory damages for a harm other than one for which general damages are given. A holdover tenant is liable for such damages when the losses were reasonably foreseeable at the time of the holdover and the injured party could not reasonably avoid them.
Compensatory damages for a harm other than one for which general damages are given. A holdover tenant is liable for such damages when the losses were reasonably foreseeable at the time of the holdover and the injured party could not reasonably avoid them.
Stella Shapiro remained in a beachfront building after her lease expired. Steven Silva, the incoming tenant, had marketed a festival-week opening and could not relocate reservations because nearby hotels were sold out. The holdover caused lost room revenue that Stella could have foreseen and that Steven could not reasonably avoid.
Injuries to property rights that differ from those suffered by the general public. Abutters or other parties may recover damages for such injuries when a street is vacated.
Seth Shapiro owned property abutting a street the city vacated. The closure eliminated his direct access while the general public suffered only minor detours. Seth proved a special injury to his property rights and recovered damages.
Injuries to property rights that differ from those suffered by the general public. Abutters or other parties may recover damages for such injuries when a street is vacated.
Each sense below has its own examples, sources, and questions.
Stephen Shaw directed liquidation of natural gas futures without authority. Skylar Sullivan, the owner, could not replace the positions during a brief price spike that occurred days later. The resulting pecuniary loss from the deprivation qualifies as special damages beyond ordinary conversion value.
Recovery is available when the tenant held over improperly, the damages were caused by the holdover, the losses were reasonably foreseeable to the tenant at the time, and the injured party could not reasonably avoid them. Equitable considerations may limit or eliminate liability in some cases.
Special damages compensate for harms other than those that normally flow from the tort and must be specifically alleged and proved. General damages cover harms that ordinarily result and need not be pleaded with particularity.
Yes. If the injured party could have reasonably avoided the losses, such as by securing temporary space, recovery of those avoidable damages is denied even if the holdover caused them.
The party must demonstrate an injury to property rights, such as loss of access, that is distinct from the inconvenience suffered by the general public. Non-abutters face a higher burden to prove this distinct impact.