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Nominal Damages

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6-Step Micro Lesson · ~4 min
Nominal Damages
What does the law award when a tort is proven but no real loss is shown?

這一課問的是:侵權成立、但原告證明不出任何實際損失時,法律給什麼?

① Core Terms

4 key terms

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② Rule Sentence

One exam-ready rule

Nominal damages — a small, symbolic sum — are awarded when an intentional trespassory tort is established but the plaintiff proves no actual loss; they serve to vindicate the violated right..
③ Mini IRAC

Quick analysis

Issue
What damages may P recover when D trespassed on P's land but caused it no damage?
Rule
Nominal damages are awarded when a trespassory tort is established but the plaintiff proves no actual loss.
Application
D intentionally walked across P's land without permission, but the land suffered no damage at all. Because nominal damages are without proof of actual loss, the fact that the trespass is complete yet P can show no measurable harm means .
Conclusion
Therefore, P may recover nominal damages, which vindicate P's violated right to exclusive possession.
④ Practice Drill

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Lesson Complete

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Torts · Comparative Negligence

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