What is Lord Macnaghten's definition of damages?
Saskatchewan, Canada
The following excerpt is from Trache v. Canadian Northern Railway Company, 1928 CanLII 154 (SK CA):
To refer to the oft-quoted definition of Lord Macnaghten in Stroms Bruks Atkie Bolag v. Hutchinson [1905] A.C. 515, at 525, 74 L.J.P.C. 130: “General damages” * * * are such as the law will presume to be the direct natural or probable consequence of the act complained of. “Special damages,” on the other hand, are such as the law will not infer from the nature of the act. They do not follow in ordinary course; they are exceptional in their character.
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