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The special damages, i.e., the damages which arise due to some special or unusual circumstances -
- a)Are not recoverable altogether
- b)Are illegal being punitive in nature
- c)Cannot be claimed as a matter of right
- d)Can be claimed as a matter of right.
Correct answer is option 'D'. Can you explain this answer?
Most Upvoted Answer
The special damages, i.e., the damages which arise due to some special...
**Explanation:**
The correct answer is option D, which states that special damages can be claimed as a matter of right. Let's understand why this is the correct answer:
**Definition of Special Damages:**
Special damages refer to the damages that are quantifiable and arise due to specific or unusual circumstances. These damages are different from general damages, which are the non-quantifiable damages that arise naturally from a wrongful act.
**Reasons why special damages can be claimed as a matter of right:**
1. **Provable and Quantifiable:** Special damages are damages that can be easily proven and quantified. They arise from specific circumstances and can be calculated based on actual financial losses incurred by the injured party. For example, medical expenses, loss of income, property damage, etc. can be easily calculated and proven.
2. **Directly Caused by the Wrongful Act:** Special damages are directly caused by the wrongful act or breach of duty by the defendant. The injured party can provide evidence to establish a clear link between the defendant's actions and the financial losses suffered. This direct causation strengthens the claim for special damages.
3. **Compensatory in Nature:** Special damages are compensatory in nature, meaning they aim to compensate the injured party for the actual financial losses suffered. Unlike punitive damages, which are meant to punish the defendant, special damages are focused on restoring the injured party to the position they would have been in if the wrongful act had not occurred.
4. **Established Legal Principle:** It is a well-established legal principle that special damages can be claimed as a matter of right. The injured party has a legal right to seek compensation for the specific and quantifiable financial losses they have suffered due to the defendant's wrongful act.
In conclusion, special damages can be claimed as a matter of right because they are provable, quantifiable, directly caused by the wrongful act, compensatory in nature, and supported by established legal principles.
The correct answer is option D, which states that special damages can be claimed as a matter of right. Let's understand why this is the correct answer:
**Definition of Special Damages:**
Special damages refer to the damages that are quantifiable and arise due to specific or unusual circumstances. These damages are different from general damages, which are the non-quantifiable damages that arise naturally from a wrongful act.
**Reasons why special damages can be claimed as a matter of right:**
1. **Provable and Quantifiable:** Special damages are damages that can be easily proven and quantified. They arise from specific circumstances and can be calculated based on actual financial losses incurred by the injured party. For example, medical expenses, loss of income, property damage, etc. can be easily calculated and proven.
2. **Directly Caused by the Wrongful Act:** Special damages are directly caused by the wrongful act or breach of duty by the defendant. The injured party can provide evidence to establish a clear link between the defendant's actions and the financial losses suffered. This direct causation strengthens the claim for special damages.
3. **Compensatory in Nature:** Special damages are compensatory in nature, meaning they aim to compensate the injured party for the actual financial losses suffered. Unlike punitive damages, which are meant to punish the defendant, special damages are focused on restoring the injured party to the position they would have been in if the wrongful act had not occurred.
4. **Established Legal Principle:** It is a well-established legal principle that special damages can be claimed as a matter of right. The injured party has a legal right to seek compensation for the specific and quantifiable financial losses they have suffered due to the defendant's wrongful act.
In conclusion, special damages can be claimed as a matter of right because they are provable, quantifiable, directly caused by the wrongful act, compensatory in nature, and supported by established legal principles.
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The special damages, i.e., the damages which arise due to some special or unusual circumstances -a)Are not recoverable altogetherb)Are illegal being punitive in naturec)Cannot be claimed as a matter of rightd)Can be claimed as a matter of right.Correct answer is option 'D'. Can you explain this answer?
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The special damages, i.e., the damages which arise due to some special or unusual circumstances -a)Are not recoverable altogetherb)Are illegal being punitive in naturec)Cannot be claimed as a matter of rightd)Can be claimed as a matter of right.Correct answer is option 'D'. Can you explain this answer? for CA Foundation 2025 is part of CA Foundation preparation. The Question and answers have been prepared according to the CA Foundation exam syllabus. Information about The special damages, i.e., the damages which arise due to some special or unusual circumstances -a)Are not recoverable altogetherb)Are illegal being punitive in naturec)Cannot be claimed as a matter of rightd)Can be claimed as a matter of right.Correct answer is option 'D'. Can you explain this answer? covers all topics & solutions for CA Foundation 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for The special damages, i.e., the damages which arise due to some special or unusual circumstances -a)Are not recoverable altogetherb)Are illegal being punitive in naturec)Cannot be claimed as a matter of rightd)Can be claimed as a matter of right.Correct answer is option 'D'. Can you explain this answer?.
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