Nominal Damages in United States

Nominal Damages Definition

A token amount of money paid when the breach has caused no loss.

A trivial sum awarded where only a breach of duty was shown with however no showing of damages or where the damages are minute. Such damages, generally of a small amount (e.g. one dollar) are a symbolic form of satisfaction and recognition of the abstract right of the plaintiff where no measurable loss arising from the injury is averred or proven.

The following definition of Nominal Damages is based on The Cyclopedic Law Dictionary :

In practice. A trifling sum awarded where a breach of duty or an infraction of the plaintiff’s right is shown, but no serious loss is proved to have been sustained. See “Injuria Absque Damno.” Practically no damages at all. Such as exist only in name, and not in amount. They are such as are to be awarded in a case where there has been a breach of contract and no actual damages whatever have been or can be shown.

Nominal damages meaning

An award to a plaintiff of a symbolic sum to fullfil the satisfaction interest (Genugtuung) of the injured plaintiff; Purely symbolic damages awarded to remedy an injury to a plaintiff where no damages occur. Q.v. damnum sine injuria. The objective of nominal damages is to provide emotional satisfaction (Genugtuung) to the plaintiff.

Nominal Damages in Contracts

Note: For more information on Compensatory Damages, click here. See Consequential Damages here and contractual remedies here.

If the breach caused no loss, the plaintiff is nevertheless entitled to a minor sum, perhaps one dollar, called nominal damages. When, for example, a buyer could purchase the same commodity at the same price as that contracted for, without spending any extra time or money, there can be no real damages in the event of breach. (1)

Resources

Notes

1. “Business and the Legal Environment”, by Don Mayer, Daniel M. Warner and George J. Siedel.

See Also