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Remedies • Tort - Legal Remedies
REM#010
Legal Definition
Nominal damages are awarded where the plaintiff suffers no actual injury, and serve to establish or vindicate the plaintiff's rights. Nominal damages are available in suits for battery, assault, false imprisonment, and trespass to land.
Plain English Explanation
"Nominal" means an amount that is very small. When it comes to damages, "nominal damages" are usually about $1. So what's the purpose? It's mostly symbolic, and enables a court to award a plaintiff something, thereby establishing that the defendant was wrong, but maybe not wrong enough to justify awarding some larger, more substantial amount of money. It also allows a court to provide damages where the plaintiff was not capable of establishing more substantial damages. Another way to understand the purpose of nominal damages is to understand the difference between civil and criminal trials. In criminal trials, a defendant is found to be either guilty or not guilty of wrongful actions they are accused of committing. Civil trials, on the other hand, do not result in "guilty" or "not guilty" verdicts — they result in "liable" or "not liable." So where you have someone who has done something wrong, but that wrong hasn't necessary resulted in a harm that requires significant compensation, a nominal amount of damages (like $1) allows the court system to close out the issue and establish that the defendant did something bad so others are aware of their bad actions (even if they aren't technically/legally found to be "guilty" of any crime).
Hypothetical
Hypo 1: Bob lives next to Sam. Sam has a house on a large, dirt lot. Bob keeps walking his dog over to Sam's property and letting the dog pee on Sam's dirt. Sam hates this and has asked Bob to stop repeatedly, but Bob continues to do so every now and then. Sam sues Bob for trespass. Result: Here, the court would likely award Sam nominal damages against Bob. After all, a dog peeing on some dirt from time to time isn't really going to cause much damage to anything. However, Sam has a right to exclude Bob from his property, and Bob is wrong to continue to trespass on Sam's property. Thus, these nominal damages establish an official precedent against Bob letting him know that he needs to stop and, if he continues to do so in the future, this can be used to help establish more severe remedies.
Hypo 2: In 2013, Taylor Swift was assaulted by a radio DJ while posing for a photo. Disgusted by the DJ's actions, Swift and her team contacted his employer and describe the incident. The DJ's employer conducted an internal investigation and decided to fire the DJ. In response, the DJ sued Swift claiming that she interfered with his employment and falsely accused him of assault. In response, Swift countersued the DJ for a nominal sum of $1. Swift doesn't need money, and the goal wasn't to get the DJ's money. Her goal was to establish, officially and through the legal process, that the DJ was a scumbag and others shouldn't be afraid to speak out against people like him. Result: During the trial, Swift's team was able to present evidence to establish she had been assaulted. The jury found in favor of Swift and awarded her the symbolic sum of $1.
Hypo 2: In 2013, Taylor Swift was assaulted by a radio DJ while posing for a photo. Disgusted by the DJ's actions, Swift and her team contacted his employer and describe the incident. The DJ's employer conducted an internal investigation and decided to fire the DJ. In response, the DJ sued Swift claiming that she interfered with his employment and falsely accused him of assault. In response, Swift countersued the DJ for a nominal sum of $1. Swift doesn't need money, and the goal wasn't to get the DJ's money. Her goal was to establish, officially and through the legal process, that the DJ was a scumbag and others shouldn't be afraid to speak out against people like him. Result: During the trial, Swift's team was able to present evidence to establish she had been assaulted. The jury found in favor of Swift and awarded her the symbolic sum of $1.
Visual Aids
Related Concepts
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