Morrison v. Chan

I respectfully dissent.

It is a basic principle of tort law that a tort requires: (1) a civil wrong; and (2) damage cognizable in a court of law. PROSSER, HANDBOOK OF THE LAW OF TORTS sec. 1 at 2 (4th ed. 1971); 1 DOOLEY, MODERN TORT LA W LIABILITY AND LITIGATION sec. 2.01 at 8 (1982).

Actual damages are an essential element of a cause of action for negligence. Nominal damages, to vindicate a technical right, cannot be recovered in a negligence action where an actual loss has not occurred. The threat of future harm, not yet realized, is not enough. HANDBOOK OF THE LA W OF TORTS, supra, at 143.

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