Slade pressed that decision on me in this case. Viscount Haldane and Lord Atkinson dissented, and Sir Patrick Hastings said that, although I was bound by the majority decision if this were a matter of maintenance, the principles enunciated by the dissentient lords were applicable to the facts before me. The dissentient lords thought that, as maintenance was admittedly illegal, the law should give a remedy in tort for nominal damages as in the case of trespass and libel since, as Lord Atkinson said, "the mere invasion of the plaintiff's legal right imports damage and is sufficient to maintain the action." If conduct be illegal, or, indeed, criminal, it does not necessarily follow that an action in tort for nominal damages will lie.
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