nominal damages
Meaning. A small sum awarded to recognise that a legal right was violated, though no actual loss was proved.
Nominal damages are a token amount awarded when the plaintiff proves that his legal right was infringed but has suffered no real loss, or cannot prove the extent of loss. They mark that the defendant committed a wrong. They are typical in torts actionable per se, such as trespass and libel, and in breach of contract with no proved loss.
They should be distinguished from contemptuous damages, a coin of the smallest value, awarded where the court thinks the action should not have been brought, though the plaintiff technically won.
Example
Though the voter was not harmed because his candidate won, he was awarded nominal damages for the wrongful refusal of his vote.
In Indian law
- Ashby v. White (1703): injury to a legal right is actionable without loss
See also
injuria sine damno · damages · exemplary damages
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