nominal damages


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Nominal Damages

Minimal money damages awarded to an individual in an action where the person has not suffered any substantial injury or loss for which he or she must be compensated.

This kind of damages reflects a legal recognition that a plaintiff's rights have been violated through a defendant's breach of duty or wrongful conduct. The amount awarded is ordinarily a trifling sum, such as a dollar, which varies according to the circumstances of each case. In certain jurisdictions, the amount of the award might include the costs of the lawsuit.

In general, nominal damages may be recovered by a plaintiff who is successful in establishing that he or she has suffered a loss or injury as a result of the defendant's wrongful conduct but is unable to adequately set forth proof of the nature and extent of the injury.

nominal damages

n. a small amount of money awarded to a plaintiff in a lawsuit to show he/she was right, but suffered no substantial harm. The most famous case of nominal damages was when Prime Minister Winston Churchill was awarded a shilling (about 25 cents) in a libel lawsuit he had brought against author Louis Adamic for writing that Churchill had been drunk during a dinner at the White House. The Prime Minister was vindicated, but the jury could not find that his towering reputation had been damaged. (See: damages)

nominal damages

an award of a (usually) small sum to reflect the fact that a tort has been committed but where no actual damage has been sustained. In the case of negligence, or any other tort where damage is part of the essence of the tort, nominal damages cannot be awarded. In contract cases, nominal damages can be awarded even if there is no loss sustained. See CONVENTIONAL AWARD.
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