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Official Code of Georgia Annotated

Title 51. TORTS · Chapter 12. DAMAGES · Article 1. GENERAL PROVISIONS

51-12-2. General and special damages distinguished; when recovered.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    General damages are those which the law presumes to flow from any tortious act; they may be recovered without proof of any amount.#

  2. (b)

    Special damages are those which actually flow from a tortious act; they must be proved in order to be recovered.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Orig. Code 1863, § 3002; Code 1868, § 3015; Code 1873, § 3070; Code 1882, § 3070; Civil Code 1895, § 3910; Civil Code 1910, § 4507; Code 1933, § 105-2006.

Law reviews

For note criticizing Georgia’s adherence to the special damages requirement for actions of malicious use of legal process absent plaintiff’s arrest or the attachment of property, see 13 Mercer L. Rev. 396 (1962).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t51-(v39)-2017-pdf.pdf, Volume V39, 2017 edition, page 843; merge action: annotated; file SHA-256 bc30a40687b2.