To recover special damages under the rule in Hadley v Baxendale (1854)9 Ex 341 the plaintiff must make known to the other party the special circumstances at the time the contract is entered into.

Question

Quizplus · Accepted Answer

This is the basic principle established in Hadley v Baxendale case, which states that special damages can only be recovered if they were within the contemplation of both parties at the time the contract was made or if the defendant was informed of these special circumstances.

To Recover Special Damages Under the Rule in Hadley V