Question

Max has contracted with Lew to have his house painted. The contract specifically stated that the job was to be completed by August 25. Lew completes the job on August 26. Max has suffered no loss due to the delay. The job was otherwise done exactly to all contract requirements and specifications. If Max sues Lew for breach of contract due to the missed completion date and if the courts were to award damages, what type of damages would most likely be awarded?

Multiple choice: Which one is correct?

punitive damages

consequential damages

restitution

nominal damages

Answer 1

Option D.

• Nominal damages award refers to those awards given to the plaintiff if he has been wronged and his rights have been violated but has not suffered any sort of harm or financial loss from it.
• Here Max contract suffered a breach as Lew did not complete his work on the assigned date due to which he sued Lew for missing the completion date.
• Even though he did not suffer any losses from Lew's action, but faced a breach in his contract, the court would most likely award him for nominal damages.