§ 19-31 Contract - Special Damages

• Library: South Carolina Requests to Charge - Civil (SCBar) (2016 Ed.)

§ 19-31 Contract - Special Damages

Special or consequential damages may be recovered if they either flow as a natural consequence of the breach or have been reasonably within the contemplation of the parties at the time of the contract. When a plaintiff seeks special damages for breach of contract, he must prove both the fact of damage and the amount of damage with a reasonable degree of certainty. The fact of damage is proved by showing:

(1) that the plaintiff realized an actual loss he would not have incurred but for the defendant's breach of contract; and
(2) the loss was a natural consequence of the breach which may reasonably be supposed to have been within the contemplation of the parties at the time the contract was made.

The amount of damage may be established by proving the actual amount of the out-of-pocket loss or a reasonably accurate estimation thereof.

To recover special damages for the breach of a contract, the plaintiff must establish the special circumstances under which the contract was made were communicated by the plaintiff to the defendant. In...