Nominal damages are awarded when:
Giải thích
Nominal damages are a token sum recognising that a right was invaded where no substantial loss was proved; Civil Code §3360 provides for them expressly. They are not pointless: a nominal award still establishes the breach, which can carry a costs or attorney's-fee entitlement with it. (c) describes compensatory damages, the ordinary measure under Civil Code §3300. (d) describes punitive damages under §3294, which punish rather than recognise and are unavailable on a contract claim. (a) describes liquidated damages under §1671 — a figure the parties agreed to in advance, which displaces the need to prove loss at all.
Trích dẫn luật: Civil Code §3360; cf. §3300, §3294, §1671Luyện miễn phí toàn bộ 1632 câu hỏi — không cần đăng ký.
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Câu hỏi liên quan cùng chủ đề
- Fraud in the inducement of a contract generally requires proof that a party:
- The remedy of 'restitution' in contract law is designed to:
- Consequential (special) damages in a breach case are damages that:
- A 'waiver' in the context of a contract generally refers to:
- A 'no oral modification' clause states that the contract may be changed only by a signed writing. Its practical purpose is to:
- 'Accord and satisfaction' discharges a disputed obligation when:
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