ABSTRACT
As we have seen,260 in all cases of libel and in those cases of slander which are actionable per se, the law presumes that the plaintiff’s reputation will have suffered some damage, and for this the court will award general damages;261 and if the plaintiff can prove that he has incurred actual pecuniary loss as a result of the libel or slander, he will be awarded a further sum by way of special damages. Whereas special damages, being based upon proof of actual pecuniary loss, can be quantified with some accuracy, general damages are ‘at large’, that is, the judge is free to make his own estimate of the damage, taking all the circumstances into account. In the words of Lord Atkin:262
It is precisely because the ‘real’ damage cannot be ascertained and established that the damages are at large. It is impossible to track the scandal, to know what quarters the poison may reach. It is impossible to weigh at all closely the compensation which will recompense a man or woman for the insult offered or the pain of a false accusation.
