Section 11 When Awarded

• Library: Damages 2012

The general theory of nominal damages is that they should be allowed when a legal right has been invaded but no actual damages were suffered or proved, or when there is no evidence from which the value of the damages may be ascertained. See:

McClellan v. Highland Sales & Inv. Co., 484 S.W.2d 239, 241 (Mo. 1972) (trespass)

La Grange Reorganized Sch. Dist. No. R-VI v. Smith, 312 S.W.2d 135, 139 (Mo. 1958) (trespass)

Clark v. Beverly Enters.-Mo., Inc., 872 S.W.2d 522 (Mo. App. W.D. 1994)

Nominal damages are awarded as a recognition of some breach of a duty owed by the defendant to the plaintiff and not as a measure of compensation for loss or detriment suffered. In Simpkins v. Ryder Freight System, Inc., 855 S.W.2d 416, 422 (Mo. App. W.D. 1993), the court explained that nominal damages are not a species of actual damages because it is the absence of actual damage that renders
the defendant’s misconduct liable for nominal damages. Nominal damages are imputed to vindicate a right that otherwise would go without redress. But nominal damages cannot be awarded when pecuniary damages are an element of the tort claimed. Tindall v. Holder, 892 S.W.2d 314, 321 (Mo. App. S.D. 1994). For example, pecuniary loss is an intrinsic element of an action sounding in fraud or deceit, and thus, damages must be proven. Id.

In actions...