Nominal Damages and Contemptuous Damages

• Author: Jamie Cassels/Elizabeth Adjin-Tettey
• Profession: Professor of Law, Vice President Academic, and Provost, University of Victoria/Professor of Law, University of Victoria
• Pages: 310-315

CHA PTER 9

NOMINAL DAMAGES

AND CONTEMPTUOUS

DA M AGES

A. NOMINAL DA MAGES

1) Def‌inition and Purpose

Nominal damages ser ve to vindicate the plaint iff’s rights even when

no compen sation is necessary. Nominal damages are a small sum of

money, awarded when the plaintiff is able to establish a cause of action

but has suffered no substantial loss, successfully mitigated the loss, or

is unable to prove what that loss is. The purpose of nominal dam ages is

to serve as a decl aration of t he plaintif f’s right s and a minor deterrent

to the defendant.

McGregor describes the purpose of nominal d amages a s “establish-

ing, determining or protecting a legal right.”1 He states that they are

avail able in two sit uations. The f‌i rst is where the plaintiff proves t hat she

has suffered some wrong, but no loss (or a trif‌ling loss) has a risen f rom

that w rong. The other, and le ss important, situation is when t he plaint iff

has shown there wa s a loss but the “necessary evidence as to its amount

is not given.”2 An ancilla ry rea son for awarding nom inal damages is t hat

they may be a “peg on which to hang costs.”3 This approach is no longer

1 H. McGregor, McGregor on Damages, 17th ed. (London: Sweet & Maxwell, 2003)

at 362 [10-0 08].

2 Ibid. at 360 [10-004].

3 Maule J. in Beaumont v. Greathead (1846), 2 C.B. 494 at 49 9, 135 E.R. 1039.

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