Damages arising due to special or unusual circumstances cannot be claimed as a matter of right. Let's understand this concept in detail.

Explanation:
When a contract is breached, the non-defaulting party is entitled to claim damages from the defaulting party. However, there are certain situations where damages cannot be claimed as a matter of right. These situations arise due to some special or unusual circumstances. Some of these circumstances are as follows:

1. Force Majeure: A force majeure event is an unforeseeable circumstance that is beyond the control of both parties and prevents them from fulfilling their obligations under the contract. Examples of force majeure events include natural disasters, war, riots, and pandemics.

2. Act of God: An act of God is a natural disaster or other event that is beyond human control, such as a flood, earthquake, or hurricane.

3. Unforeseeable Circumstances: There may be certain circumstances that are unforeseeable at the time of entering into a contract. For example, if a party enters into a contract to supply goods and a new law is passed that prohibits the supply of those goods, then the party cannot be held liable for breach of contract.

Claiming Damages:
In such situations, damages cannot be claimed as a matter of right. However, the non-defaulting party may be able to recover damages at the discretion of the party at default. This means that the party at default has the discretion to pay damages if it considers it appropriate to do so.

Conclusion:
In conclusion, damages arising due to special or unusual circumstances cannot be claimed as a matter of right. The non-defaulting party may be able to recover damages at the discretion of the party at default. Therefore, it is important to carefully consider the terms of the contract and the circumstances surrounding the breach before claiming damages.