What is the test for special damages in a motor vehicle accident?
Saskatchewan, Canada
The following excerpt is from Carroll v. Baer, 1924 CanLII 84 (SK CA):
Lord Macnaghten in Stroms Bruks Aktie Bolag v. Hutchison [1905] A.C. 515, 74 L.J. P.C. 134, says: 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 the ordinary course, they are exceptional in their character, and therefore they must be claimed specially and proved strictly.
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