What constitutes sufficient grounds for a plaintiff to recover nominal damages in assault cases?

In assault cases, a plaintiff can recover nominal damages by demonstrating the existence of an assault even in the absence of actual damages. Nominal damages serve to recognize that a legal right was violated, even when no physical injury or significant emotional harm has occurred. This aspect of tort law acknowledges that the law protects individuals from unwanted offensive contacts and the mere attempt or threat of such contacts.

For instance, if a plaintiff is threatened with harm but suffers no physical injury or measurable emotional distress, they can still obtain nominal damages to affirm the violation of their rights. This principle underscores the fundamental purpose of tort law: to hold defendants accountable for wrongful acts, regardless of the impact on the plaintiff.

The other choices reflect conditions that do not align with the principle of nominal damages. Proof of emotional distress or physical injury relates to compensatory damages, while having witnesses may bolster a case but is not a requirement for establishing the right to nominal damages. Thus, the correct choice highlights the nature of nominal damages, focusing on the violation of rights rather than quantifiable harm.