What is the primary entitling factor for an employer to recover nominal damages in a breach of contract case?

In a breach of contract case, the primary factor enabling an employer to recover nominal damages is the necessity for evidence that supports the claim of breach. Nominal damages are typically awarded when a party has proven that a breach occurred but cannot demonstrate actual financial loss as a result of that breach. The existence of valid evidence sustaining the claim shows that the breach took place, regardless of the consequences that followed.

The other aspects of the choices, such as financial loss, intentional harm, or the requirement for a written contract, are not essential for recovering nominal damages. Nominal damages serve to affirm the breach and acknowledge the violation of rights without the need for quantifiable losses or malice. Thus, presenting satisfactory evidence of the breach is central to establishing the entitlement to nominal damages in this legal context.