Section 4 Nominal Damages

• Library: Damages 2012

In breach of contract cases, proof of a contract and its breach gives rise to nominal damages, even in the absence of proof of actual damages. Wasson v. Schubert, 964 S.W.2d 520 (Mo. App. W.D. 1998); Dierkes v. Blue Cross & Blue Shield of Mo., 991 S.W.2d 662 (Mo. banc 1999). The plaintiff can recover nominal damages even when damages have not been proved to a sufficient degree of certainty. Kincaid Enters., Inc. v. Porter, 758 S.W.2d 503 (Mo. App. W.D. 1988). It has been said that nominal damages should be $1 or less. Davis v. Broughton, 369 S.W.2d 857 (Mo...