MBE Rules · Remedies
Nominal Damages
Nominal damages
The rule
Where a legal right is invaded but no loss is proven, nominal damages vindicate the right, can anchor punitive damages for intentional torts, and may carry costs.
In plain English
Nominal damages are a small amount of money awarded to a plaintiff when their legal right has been violated, but they cannot prove any actual loss. This type of damage serves to acknowledge the violation and may also support claims for punitive damages in cases of intentional torts.
Worked example
Alice sues Bob for trespassing on her property, claiming he walked across her lawn without permission. Although Alice proves that Bob trespassed, she cannot show any actual harm or loss from the incident. The court awards Alice nominal damages of $1, recognizing her right was violated.
Memory hook
Nominal damages: a dollar for your dignity!
The trap
Exams may present scenarios where students mistakenly believe they need to prove significant damages to succeed, overlooking the validity of nominal damages. Be cautious not to overlook the importance of recognizing a legal right violation.
How examiners test it
Questions often involve a scenario where a legal right is infringed without demonstrable harm, prompting candidates to identify the appropriate remedy as nominal damages. Look for keywords like 'violation' and 'no loss' to spot these questions.
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