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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Leardi v. Brown, 474 N.E.2d 1094 (1985)

Citation
Leardi v. Brown, 474 N.E.2d 1094 (1985)
Parent Document
Leardi v. Brown, 474 N.E.2d 1094 (1985)
Jurisdiction
Massachusetts (state)
Effective Date
1985-02-28

Other Sections in This Document (103)

Full Text

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General Laws c. 93A, § 9 (3), provides for recovery “of actual damages or twenty-five dollars, whichever is greater.” Accordingly, under circumstances where there has been an invasion of a legally protected interest, but no harm for which actual damages can be awarded, we conclude that the statute provides for the recovery of minimum damages in the amount of $25. Construed in this manner, the recent amendment to G. L. c. 93A merely conforms the statutory scheme of consumer remedies to that which prevails under the common law doctrine that, in certain circumstances, plaintiffs are entitled to nominal damages even where no actual damages are shown. See, e.g., Nathan v. Tremont Storage Warehouse, Inc.,