Legal Definitions - nominal damages

Nominal damages are a symbolic sum of money awarded by a court to a plaintiff when their legal rights have been violated, but they have not suffered any significant financial loss or actual harm as a result. Unlike other types of damages that aim to compensate for an injury, nominal damages serve to acknowledge that a legal wrong occurred and to affirm the plaintiff's legal victory, even if the impact was minimal or non-existent.

This award recognizes the principle that a legal right was infringed upon, even in the absence of measurable financial injury. Often, the amount awarded is a very small sum, such as one dollar, symbolizing the vindication of the plaintiff's rights rather than providing monetary compensation for a loss.

• Example 1: Trespass without physical damage.

  Scenario: A homeowner has a "No Trespassing" sign on their private property. A neighbor, taking a shortcut, walks across a corner of their lawn without permission. The neighbor causes no damage to the lawn, plants, or property.

  Explanation: While the homeowner's right to exclusive possession of their property was technically violated (trespass), they did not suffer any actual financial loss or physical damage. In this case, a court might award nominal damages to the homeowner to acknowledge that their property rights were infringed upon, even though there's no monetary harm to compensate.

• Example 2: Minor breach of contract with no financial impact.

  Scenario: A small business contracts with a supplier for 100 units of a product, specifying delivery by Friday. The supplier delivers the units on Saturday morning instead. The delay causes no disruption to the business's operations, no lost sales, and no additional costs, as they had sufficient inventory.

  Explanation: The supplier technically breached the contract by failing to deliver on the specified day. However, since the business suffered no financial harm or operational loss due to the one-day delay, a court would likely award nominal damages. This award would affirm that the contract terms were violated, even though no compensatory damages are warranted.

• Example 3: Violation of a privacy right without demonstrable harm.

  Scenario: A local government agency accidentally publishes a citizen's email address on its public website for a few hours before realizing the error and removing it. The citizen receives no spam, no unwanted contact, and experiences no negative consequences from the brief exposure of their email.

  Explanation: The citizen's right to privacy regarding their personal information was technically violated by the agency's error. However, because the citizen cannot demonstrate any actual harm, such as identity theft, harassment, or financial loss, a court would likely award nominal damages. This would acknowledge the breach of privacy without providing compensation for non-existent injury.