Florida law does require an award of at least nominal damages if a breach of contract has been established. See MSM Golf, L.L.C. v. Newgent, 853 So.2d 1086, 1087 (Fla. 5th DCA 2003). In MSM Golf the court held that “[a]t the very least, [the plaintiff] was entitled to nominal damages once the jury found that the contracts had been breached by [the defendant].”
“Florida law does require an award of at least nominal damages if a breach of contract has been established.” WalterInt'lProds., Inc., 650 F.3d at 1418 (citing MSMGof L.L.C. v. Newgent, 853 So.2d 1086, 1087 (Fla. 5th DCA 2003)). In MSM Golf, L.L.C., for instance, the court explained that “[i]t is a fundamental principle of contract law that once liability for a contract breach is established, an injured party is entitled as a matter of right to compensatory damages.” 853 So.2d at 1087 (alteration added; citing St. Regis Paper Co. v. Watson, 428 So.2d 243 (Fla. 1983); Fisher v. Miami, 172 So.2d 455 (Fla. 1965)).
Notably, this clause does not preclude the recovery of compensatory damages, which Plaintiff may be entitled to as a matter of right under Florida law.See MSM Golf, L.L.C. v. Newgent, 853 So.2d 1086, 1087 (Fla. 5th DCA 2003) (“It is a fundamental principle of contract law that once liability for a contract breach is established, an injured party is entitled as a matter of right to compensatory damages.”)
” Walter Int'l Prods., Inc. v. Salinas, 650 F.3d 1402, 1418 (11th Cir. 2011) (citing MSM Golf, L.L.C. v. Newgent, 853 So.2d 1086, 1087 (Fla. 5th DCA 2003) (explaining that “[i]t is a fundamental principle of contract law that once liability for a contract breach is established, an injured party is entitled as a matter of right to compensatory damages” (alteration added; citations omitted))). The Court thus awards the Cardinal Members $1.00 each in nominal damages.
Nominal damages may be awarded for breach of contract under Florida law. MSM Golf, L.L.C. v. Newgent, 853 So.2d 1086, 1087 (Fla. 5th DCA 2003); Walter Int'l Prods., Inc. v. Salinas, 650 F.3d 1402, 1418 (11th Cir. 2011) (“Florida law does require an award of at least nominal damages if a breach of contract has been established.”). However, Florida law does not apply here.
See Walter Int'lProds., Inc. v. Salinas, 650 F.3d 1402, 1418 (11th Cir. 2011) (“Florida law does require an award of at least nominal damages if a breach of contract has been established.” (citingMSMGolf, L.L.C. v. Newgent, 853 So.2d 1086, 1087 (Fla. 5th DCA 2003))); Inspired Cap., LLC v. Howell, No. 3D22-1220, 2023 WL 4919501, at *3-4 (Fla. 3d DCA Aug. 2, 2023); Am. Sales & Mgmt. Org. LLC v. Lopez, No. 3D20-563, 2023 WL 2589788, at *6 n.5 (Fla. 3d DCA Mar. 22, 2023); Land & Sea Petroleum Holdings, Inc. v. Leavitt, 321 So.3d 810, 817 (Fla. 4th DCA 2021) (“A nominal damages award is appropriate when there is a breach of contract ....” (citations omitted));
Under Florida law, "once liability is established, an injured person is entitled as a matter of right to compensatory damages." St. Regis Paper Co. v. Watson, 428 So. 2d 243, 247 (Fla. 1983) (emphasis added) (citing Fisherv. City of Miami, 172 So. 2d 455 (Fla. 1965)); see also MSM Golf, L.L.C. v. Newgent, 853 So. 2d 1086, 1087 (Fla. 5th DCA 2003) ("It is a fundamental principle of contract law that once liability for a contract breach is established, an injured party is entitled as a matter of right to compensatory damages." (cleaned up)). This makes sense: "Compensatory damages, as the words indicate, are awarded to compensate an injured person for the acts of the wrongdoer[.]"
In Florida, “[i]t is a fundamental principle of contract law that once liability for a contract breach is established, an injured party is entitled as a matter of right to compensatory damages.” MSM Golf, L.L.C. v. Newgent, 853 So.2d 1086, 1087 (Fla.Ct.App. 5th Dist.2003) (holding that a jury verdict that finds that one party breached two contracts but fails to award any damages is inconsistent and cannot stand).South Motors Opposition, Dk. No. 1533, p. 6, lines 3–10.
In Florida, " [i]t is a fundamental principle of contract law that once liability for a contract breach is established, an injured party is entitled as a matter of right to compensatory damages." MSM Golf, L.L.C. v. Newgent, 853 So.2d 1086, 1087 (Fla.Ct.App. 5th Dist.2003) (holding that a jury verdict that finds that one party breached two contracts but fails to award any damages is inconsistent and cannot stand). South Motors Opposition, Dk. No. 1533, p. 6, lines 3-10.
In Florida, "[i]t is a fundamental principle of contract law that once liability for a contract breach is established, an injured party is entitled as a matter of right to compensatory damages." MSM Golf, L.L.C. v. Newgent, 853 So.2d 1086, 1087 (Fla. Ct. App. 5th Dist. 2003) (holding that a jury verdict that finds that one party breached two contracts but fails to award any damages is inconsistent and cannot stand). South Motors Opposition, Dk. No. 1533, p. 6, lines 3-10.