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Nominal damages

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › Nominal damages

  • This topic has 1 reply, 2 voices, and was last updated 7 years ago by MikeLittle.
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  • December 24, 2017 at 11:27 am #424651
    humai
    Participant
    • Topics: 757
    • Replies: 248
    • ☆☆☆☆☆

    Sir if the claimant has failed to mitigate his loss, then we know that no remedy is awarded for the loss which could have been mitigated. BUT in such case would nominal damages be awarded to him?

    December 24, 2017 at 12:30 pm #424657
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23327
    • ☆☆☆☆☆

    Maybe … maybe not

    Probably as in the case where, following the act of the other contracting party that has defaulted, the item in question was later sold for an even better profit

    So the claimant (the innocent non-breacher) was awarded nominal damages because no real loss was suffered but clearly the claimant was correct in claiming that contracts should not be breached so the Court had to find in the claimant’s favour

    OK?

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  • The topic ‘Nominal damages’ is closed to new replies.

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