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Examination Timing: 00H00M49S

Emily Turner was injured in a car accident caused by the negligence of another driver. As a result of the accident, she incurred various expenses, including medical bills, travel costs to and from hospital appointments, and the cost of repairing her car. Emily seeks compensation for these expenses in her claim. 


Which of the following statements best describes the role of special damages in tort?

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Special damages in tort law are awarded to compensate the claimant for specific, quantifiable losses incurred up to the date of trial. These losses typically include actual pecuniary losses such as medical expenses, travel costs, and any other out-of-pocket expenses that can be precisely documented and proven. This differs from general damages, which cover non-pecuniary losses such as pain and suffering or future losses. 


Key Point: Special damages require precise pleading and proof, as they cover actual, specific financial losses incurred by the claimant up to the date of the trial. Proper documentation and evidence are essential to substantiate these claims.

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