California First-Year Law Students' Exam (Baby Bar) — MCTortsMedium
A property owner discovered a group of teenagers had set up a small campsite on a remote part of their undeveloped rural land without permission. The owner politely asked them to leave, which they did without incident, but not before the owner noticed some minor litter and a small, unextinguished campfire. The owner sued the teenagers for trespass to land. What remedy is the owner most likely to receive?
- AAn injunction prohibiting future trespass.
- BNominal damages.
- CPunitive damages.
- DCompensatory damages for significant property damage.
Show answer & explanationAnswer & explanation
Correct answer: B. Nominal damages.
Trespass to land occurs when there is an unauthorized entry onto the land of another, even if no actual damage occurs. In cases where the trespass causes no actual, substantial harm (only minor litter and a small unextinguished fire, which are not described as causing significant damage in the prompt), the plaintiff is typically awarded nominal damages to acknowledge the violation of their property rights.
Why the other options are wrong
- A. An injunction is an equitable remedy to prevent future harm, but it's not a form of 'damages' and typically requires a showing of ongoing or threatened irreparable harm, which isn't explicitly stated as the primary remedy sought or granted for past, minor trespass.
- C. Punitive damages are typically awarded only when the defendant's conduct is malicious, willful, or reckless, which is not strongly suggested by 'minor litter' and a 'small, unextinguished campfire' in a first instance of trespass.
- D. The scenario describes 'minor litter' and a 'small, unextinguished campfire,' which do not suggest 'significant property damage' warranting substantial compensatory damages.
Nominal Damages (Trespass to Land)
A small monetary award granted to a plaintiff in a trespass to land case where the defendant's unauthorized entry violated the plaintiff's property rights, but no actual, substantial damage was proven.
- Awarded to acknowledge and vindicate a legal right.
- No proof of actual financial loss is required.
- Common in trespass to land cases where entry caused no physical harm.
- Distinguished from compensatory (actual loss) and punitive (punishment) damages.
Memory trick: Trespass: Entry, even if tiny, gets a token penny.