Explanation:

The correct answer is option 'C', which states that special damages cannot be claimed as a matter of right. Let's understand why this is the case in detail.

Definition of Special Damages:
Special damages, also known as consequential damages, are a category of damages that arise due to special or unusual circumstances. These damages are not a direct result of the defendant's actions but are a consequence of the plaintiff's particular situation or condition.

Characteristics of Special Damages:
1. Not recoverable altogether: Special damages are not generally recoverable altogether because they are not considered to be a natural and probable consequence of the defendant's actions. They require additional evidence to prove their existence and extent.

2. Not punitive in nature: Special damages are not considered punitive in nature. Punitive damages are awarded to punish the defendant for their intentional or malicious actions. Special damages, on the other hand, are compensatory and aim to reimburse the plaintiff for the specific losses they have suffered.

Claiming Special Damages:
To claim special damages, the plaintiff needs to provide evidence and prove the following:

1. Foreseeability: The plaintiff must establish that the special damages were foreseeable and could have been anticipated by the defendant at the time of their actions. It should be shown that the defendant should have reasonably anticipated the consequences of their actions.

2. Causation: The plaintiff must demonstrate a direct causal link between the defendant's actions and the special damages suffered. They need to establish that the damages were a direct result of the defendant's negligence or wrongful conduct.

3. Reasonable certainty: The plaintiff must prove the amount of special damages with reasonable certainty. This requires providing supporting documents, receipts, bills, or any other evidence that substantiates the claimed amount.

4. Proximate cause: The plaintiff must establish that the special damages were a proximate cause of the defendant's actions. Proximate cause refers to a close connection between the defendant's actions and the damages suffered.

Conclusion:
In conclusion, special damages cannot be claimed as a matter of right because they require additional evidence and proof to establish their existence, causation, and reasonable certainty. The plaintiff needs to demonstrate that the damages were foreseeable, caused by the defendant's actions, and have a direct and proximate connection to the defendant's conduct.