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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

A plaintiff proves a violation of a property right but the court finds no basis to conclude that any financial loss occurred. The plaintiff argues that because exact losses are unproved, temperate damages must follow automatically. Which distinction is correct?

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Failure of exact proof always proves some financial loss A right violation may support nominal vindication, but temperate damages still require a finding of actual pecuniary loss The court must invent destroyed property Temperate and nominal damages are identical

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