NOMINAL DAMAGES

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...

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 coexist 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. 284285, 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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