Del. P.J.I. Civ. § 22.13

DEFAMATION – DAMAGES – COMPENSATORY OR NOMINAL

If you find that [plaintiff’s name] has not sustained [his/her/its] burden of

proof, the verdict must be for [defendant’s name]. If you do find that [plaintiff’s

name] is entitled to recover for damages that were proximately caused by the

defamatory statements of [defendant’s name], you should consider the

compensation to which [he/she/it] is entitled.

In determining the amount of compensatory damages for defamation, you must

consider all the facts and circumstances of the case as revealed by the evidence.

Factors to consider include:

(1) the nature and character of the statements in [describe medium of

defamation];

(2) the language used;

(3) the occasion when the statements were published;

(4) the extent of their circulation;

(5) the probable effect on those to whose attention they came; and

(6) the probable and natural effect of the defamatory statements on

[plaintiff’s name]’s business, personal feelings, and standing in the community.

You should award [plaintiff’s name] damages that will fairly and adequately

compensate [him/her/it] for:

(1) any damage to [his/her/its] reputation and standing in the community;

(2) any emotional distress, embarrassment, humiliation and mental

suffering endured by [him/her/it], and any physical or bodily harm caused by that

suffering; and

(3) any special injury, such as a monetary loss, suffered by the plaintiff.

Your award must be based on the evidence and not on speculation. The law

does not furnish any fixed standards by which to measure damage to reputation or

mental suffering, and counsel are not permitted to argue that a specific sum would

be reasonable. You must be governed by your own experience and judgment, by the

evidence in the case, and by the purpose of a damages award, which is fair and

reasonable compensation for harm wrongfully caused by another.

A person who has been defamed but who has not suffered any injury may

recover nominal damages, usually in the amount of $1.00.