Remedies · Lesson 12
Nominal Damages
這一課問的是：法律權利被侵犯但無實際損害時，P 是否有權獲名義損害？
ActorActObjectStandardConsequence
Core Terminology · 7 must-know
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nominal damages
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Trivial sum acknowledging violation of right.
名義損害。
intentional tort
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Often allows nominal damages without proof of harm.
故意侵權。
breach without harm
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Contract breach without provable loss.
無損之違約。
vindication
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Nominal damages vindicate the right.
權利澄清。
Rule Sentence · the workhorse
Nominal damages — typically $1 or a similar trivial sum — are awarded where the plaintiff has established a violation of a legal right but cannot prove actual damages; they vindicate the right and may support an award of attorneys' fees or punitive damages.
Mini IRAC · build the Application
Issue. Is P entitled to nominal damages when D committed trespass to P's land but P suffered no actual loss?
Rule. Nominal damages are available for an established legal wrong — particularly intentional torts and breaches — even without proof of actual harm.
Application (model). D entered P's land without permission, causing no actual damage. Because nominal damages are available for an established legal wrong even where actual harm is not proved, the fact that D committed trespass — an intentional tort vindicating P's possessory right — means nominal damages are warranted.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, P may recover nominal damages.
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: