Also known as: nominally · in name only
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A trivial sum of money awarded to a litigant who has established a cause of action but has not established that he is entitled to compensatory damages. The award recognizes the violation of a legal right even when no actual loss is proven. It may also serve as a predicate for other remedies such as punitive damages in appropriate cases.
A trivial sum of money awarded to a litigant who has established a cause of action but has not established that he is entitled to compensatory damages. The award recognizes the violation of a legal right even when no actual loss is proven. It may also serve as a predicate for other remedies such as punitive damages in appropriate cases.
Select any source to read its text and confirm it supports the definition.
A small token given as an expression of appreciation that is neither intended nor reasonably expected to be a form of compensation for recommending a lawyer's services.
Select any source to read its text and confirm it supports the definition.
A small token given as an expression of appreciation that is neither intended nor reasonably expected to be a form of compensation for recommending a lawyer's services.
Each sense below has its own examples, sources, and questions.
Nathaniel Newman published a false statement accusing Natalie Norris of a crime. Norris proved the statement was defamatory per se but offered no evidence of actual harm. The court awarded her nominal damages to vindicate the invasion of her legal right.
Nikhil Narayan breached a recorded servitude by storing materials on a shared lot. Neighboring owners proved the violation but could not quantify any economic loss. The court granted nominal damages as one available remedy under the servitude enforcement provisions.
Nia Nkosi proved that Northern Manufacturing breached a covenant but introduced no evidence of actual damages. The court awarded a small sum as nominal damages to acknowledge the breach of her legal right.
Nicholas Nunez committed an intentional trespass. The jury found liability but no compensatory loss and awarded one dollar in nominal damages. That award permitted the jury to consider punitive damages as a separate remedy.
Nordic Ventures crossed private land despite protests and delivered a structure. The owners proved the intentional trespass but showed no economic harm. The jury awarded nominal damages, which the court upheld as sufficient to support further relief.
Nominal damages are available when a plaintiff establishes liability but proves no actual loss. The award recognizes the violation of a legal right even without compensatory harm.
Supporting sources
Yes. In cases of intentional trespass or other torts where nominal damages are awarded, punitive damages may be considered separately when the conduct warrants punishment and deterrence.
Supporting sources
Yes. Remedies for breach of a servitude may include nominal damages along with other forms of relief when the nature of the violation and the interests involved support that choice.
Supporting sources
Nicole Navarro referred a client to a colleague and later received a $50 gift card. The colleague intended the card only as thanks and did not tie it to the referral. Because the gift was neither intended nor reasonably expected as compensation, it fell within the permitted category.
A nominal gift is permitted when it is given purely as appreciation and is not intended or reasonably expected to compensate for a referral. The gift must remain small and unconnected to any agreement for future recommendations.
Supporting sources
…with any special damages such as pecuniary loss and emotional distress. At the very least, the rule allowed the recovery of nominal damages for any defamatory publication actionable per se and thus performed "a vindicatory function by enabling the plaintiff publicly to brand the defamatory publication as false. The…