Compensatory Damages Practice Multiple Choice Flashcards
(8 cards)
Which of the following is the best description of the damages awarded to compensate an
injured plaintiff for pain and suffering which occurred as the result of an injury suffered in a motor vehicle accident?
A. Substitutionary damages.
B. Loss of use damages
C. Special damages
D. General damages
C
While shopping, Polly’s 7-year-old son, Charlie accidently trips and falls into a shelf,
breaking a $100 porcelain figurine. The store owner can replace the figurine for a cost of $50. Which of the following best describes the measure of Polly’s liability?
A. $100, because that is the full retail price of the item.
B. $50, because that is the amount it would cost the store owner to replace the item.
C. Nothing, because Charlie accidently broke it.
B
Squash is planted in April and harvested in late August. A farmer’s entire crop is
negligently destroyed in early August, just before harvest. What is the proper measure of the farmer’s recovery?
A. The cost of seeding and planting.
B. The change in the fair market value of the land.
C. The market value of the squash.
D. The market value of the squash, minus the cost of harvesting and marketing.
D- there’s another one just like this with a different answer 4/8/25
How is a judgment for damages enforced?
A. The defendant is required to pay the amount owed to the plaintiff or face additional
fines and penalties.
B. The defendant must immediately pay the amount owed upon judgment being entered.
C. The plaintiff can collect the amount of the judgment by forcing sale of the defendant’s assets or attaching the defendant’s bank account.
D. The plaintiff can file a motion to find the defendant in contempt of court if the
judgment is not paid.
C
Which of the following best describes the purpose of tort damages?
A. To compensate the plaintiff for harm resulting from the tort and to deter future tortious conduct
B. The compensate the plaintiff for harm resulting from the tort but avoid deterring
future tortious conduct
C. To punish the defendant for committing tortious conduct
D. To vindicate society’s interest in holding wrongdoers responsible
A
Which of the following best describes the purpose of contract damages?
A. To punish breaches of contract and deter future breaches
B. To compensate the plaintiff for all harm resulting from the breach, whether it be
physical, emotional, or financial
C. To vindicate society’s interest in enforceable economic transactions.
D. To compensate the plaintiff for financial loss resulting from the breach but avoid
deterring future contract breaches
D
Darlene and Perry enter into a contract that requires Darlene to paint Perry’s house, in
exchange for payment of $2500. Darlene paints the house but is not very careful about it: she paints the door the wrong color, and neglects to paint some areas at all. Perry is very upset. He sues Darlene for breach of contract and negligence. Which of the following is the most likely result?
A. Perry will be able to recover both contract and tort damages because Darlene
breached the contract and committed the tort of negligence.
B. Perry will not be able to recover for breach of contract because the tort supersedes the
contractual obligation.
C. Perry will be able to recover contract damages but not tort damages because the
negligent conduct that is the basis of the tort was also a breach of the parties’ contract.
D. Perry will be able to recover tort damages but not contract damages because the tort is
independent of the contract.
A
A pedestrian is hit by a car and injures his leg. It is a painful injury that requires several
visits to the doctor for treatment. The pedestrian is also unable to work for three weeks because of the injury. The pedestrian sues the driver who hit him and in the complaint asks for “all damages proximately caused by the defendant’s negligent conduct.” At trial, the pedestrian’s lawyer asks the jury to award $5000 in medical bills necessary to treat the leg injury; $1500 in lost wages for the time the pedestrian was unable to work; and $50000 for pain and suffering. Which of the following is the most likely result?
A. The pedestrian will be able to recover damages for the medical bills and the lost wages because these are reasonable and necessary expenses; but not for the pain and suffering because the amount requested is unreasonable.
B. The pedestrian will be able to recover all the requested damages because they
represent losses proximately caused by the defendant.
C. The pedestrian will not be able to recover any of the requested damages because none
of the amounts were specifically requested in the complaint.
D. The pedestrian will be able to recover damages for pain and suffering; but will not be able to recover the medical bills or lost wages because those damages were not specifically requested in the complaint.
D- special damages must be specifically request and itemized
