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A restaurant negligently served a patron soup in a cracked bowl. The patron noticed the crack before touching the bowl, called the server, and received a new bowl. The patron was not burned, did not spill anything, did not miss work, and suffered no emotional distress. The patron nevertheless sued for negligence, seeking nominal damages to prove a point.
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The patron can recover punitive damages automatically because the restaurant breached a duty. The patron can recover because every negligent act creates a private fine payable to any patron. The patron can recover nominal damages because negligence was proved without harm. The patron cannot recover in negligence without actual damages caused by the breach.

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