Laws & Jurisprudence
NOMINAL DAMAGES
6:38 PM
Nominal
damages are small sums fixed by the court without regard to the extent of the
harm done to the injured party. They are damages in name only and are allowed
simply in recognition of a technical injury based on a violation of a legal
right.
It
is awarded in order that a right of the plaintiff which has been violated or
invaded by the defendant may be vindicated or recognized, and not for the
purpose of indemnifying the plaintiff for any loss suffered by him.
Elements:
1.
Plaintiff
has a right;
2. Such right is
violated;
3.
The
purpose of awarding damages is to vindicate or recognize the right violated.
It
should be noted that Nominal damages cannot co‐exist with actual or compensatory damages because nominal damages are
recoverable when
the damages suffered cannot be proved with reasonable certainty. The law
presumes damage although actual or compensatory damages are not proven. Award
of actual, moral, temperate or moderate damages preclude nominal damages. But
it may be awarded together with attorney’s fees. (Pineda, pp. 284‐285, 2009 ed)
Cases
Nominal
damages cannot co-exist with actual or compensatory damages. (Armovit vs. CA)
No moral or exemplary damages
was awarded. Nevertheless, when confronted with their failure to deliver on the
wedding day the wedding cake ordered and paid for, petitioners gave the lame
excuse that delivery was probably delayed because of the traffic, when in
truth, no cake could be delivered because the order slip got lost. For such
prevarication, petitioners must be held liable for nominal damages for
insensitivity, inadvertence or inattention to their customer's anxiety and need
of the hour. (Francisco v. Ferrer)
DISCLAIMER: The author is not lawyer nor an authority on this topic. It is a product of humble research and study of law. The information provided is not a legal advice and it should not be used as a substitute for a competent legal advice from a licensed lawyer.
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