A breach of contract is established, but the claimant proves no actual loss. What is a token award…
Nominal damages are a token award recognizing an established breach when no actual loss is proved. Difficulty in measuring a loss that has occurred raises a separate…
Choose your answer
A breach of contract is established, but the claimant proves no actual loss. What is a token award recognizing the breach called?
Answer and explanation
Correct answer D
Nominal damages are a token award recognizing an established breach when no actual loss is proved. Difficulty in measuring a loss that has occurred raises a separate question about assessing compensation. Section 74 may permit use of a genuine pre-estimate where a sum is stipulated and actual loss is difficult or impossible to prove.
Option feedback
Option A
Actual or compensatory damages address loss caused by the breach.
Option B
A stipulated sum raises the question of reasonable compensation under section 74. It is distinct from a token award.
Option C
Exemplary damages serve a punitive purpose. The token award here recognizes the breach.
Option D
Nominal damages recognize the breach where no actual loss is proved.
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