MBE Rules · Civil Procedure
Special Damages Pleading
FRCP 9(g)
The rule
Items of special damage must be specifically stated; general damages flow naturally from the wrong and need no itemization.
In plain English
Special damages refer to specific monetary losses that must be clearly detailed in a legal complaint, such as lost wages or medical expenses. In contrast, general damages, which are non-economic losses like pain and suffering, do not require itemization because they are understood to arise naturally from the wrongful act.
Worked example
In a personal injury case, the plaintiff claims $5,000 for medical bills and $2,000 for lost wages as special damages, while also seeking general damages for pain and suffering. The court requires the plaintiff to itemize the $5,000 and $2,000 but accepts the general damages without further detail. The outcome is that the plaintiff successfully recovers the specified special damages along with an appropriate amount for general damages.
Memory hook
Special damages need specifics, while general damages come naturally.
The trap
Exams may present scenarios where students confuse special and general damages, leading them to incorrectly assume that all damages require itemization. Watch for questions that blur the lines between these two types of damages.
How examiners test it
Questions often involve fact patterns where damages are claimed, requiring candidates to identify which damages need to be itemized and which do not. Look for cues in the wording that indicate whether the damages are specific or general.
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