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9.71 DAMAGES: NOMINAL

Category:
Federal - Jury Instructions - 8th Circuit - Civil - Road Rules
State:
Multi-State
Control #:
US-8THCIR-JURY-9-71
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Word
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http://www.juryinstructions.ca8.uscourts.gov/8th%20Circuit%20Manual%20of%20Model%20Civil%20Jury%20Instructions.pdf

9.71 DAMAGES: NOMINAL is a type of damages that is awarded to a plaintiff when the court finds that a defendant has acted wrongfully, but the plaintiff has not suffered any significant losses as a result. Nominal damages are a token sum of money, such as one dollar, awarded in recognition of the wrong done to the plaintiff. This type of damages is usually only awarded if the plaintiff proves their case, but cannot prove that they have suffered any actual damage. Nominal damages can also be awarded if the plaintiff can prove some damage, but it is not significant enough to justify compensatory damages. Types of 9.71 DAMAGES: NOMINAL include compensatory nominal damages, punitive nominal damages, and statutory nominal damages.

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FAQ

A trivial sum of money awarded to a plaintiff whose legal right has been technically violated but who has not established that they are entitled to compensatory damages because there was no accompanying loss or harm.

Nominal damages are awarded when the plaintiff is legally in the right, but has not suffered substantial losses. Because the plaintiff has no established need for compensation, the amounts awarded in these cases are usually very small.

An example of nominal damages is a situation where a defendant breached a contract and failed to fulfill the terms of the agreement, but the plaintiff wasn't harmed by this failure.

How Much Are Nominal Damages? Nominal damages are a small or trivial sum because the purpose is not to make the plaintiff whole for a financial loss but rather to provide acknowledgement that the plaintiff won their case. In most instances, nominal damages total $1. Sometimes, the sum can be a little bit more.

In which of the following cases would a court most likely award the plaintiff nominal damages? In a case where compensatory damages resulted from a contract breach.

A small amount of money awarded to the plaintiff in a civil lawsuit when a judge or jury finds that the plaintiff has suffered a legal wrong, but no compensatory damages. A dollar is a common amount for a nominal damages award.

Nominal damages are awarded when the plaintiff is legally in the right, but has not suffered substantial losses. Because the plaintiff has no established need for compensation, the amounts awarded in these cases are usually very small.

A nominal damages claim differs from a ?small claim? in the sense that a nominal damages award is not a lawsuit seeking a monetary sum of $1. A nominal-damages lawsuit seeks an affirmation of the plaintiff's rights, and the mark of that affirmation is the dollar.

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More info

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