Tort Damages Multiple Choice Flashcards
(8 cards)
- Peter Fifer owns a one-acre plot of land in the desert. The terrain is rough, and with
no easily accessible water source, the market value of the land is minimal- approximately $5,000. However, Fifer prides himself on being a “desert dog,” and he lives on the property in a one-room shack. Mistaking Fifer’s property for a nearby dumping site, a chemical manufacturing company dumps several tons of toxic waste onto it. The waste renders the property uninhabitable, and totally worthless. The waste can be cleaned up, but only at great effort and expense. The cost to clean up the waste is approximately $1,000,000. In Fifer’s lawsuit against the chemical company for trespass and nuisance, the measure of damages will most likely be:
A. Special damages
B. Diminution in value.
C. Cost to repair
D. All of the above
B (remember, the cost to repair cannot be disproportionate) (why not special damages)
Kathy Kramer’s automobile is stolen from her garage. The stolen vehicle is 15 years old and has a market value of around $2,500. Two months after it is stolen, the police discover the car abandoned in a roadside ditch. It has been in several collisions, is damaged beyond repair, and is a total loss. Further investigation reveals that the car was stolen by Jonathan Crick and used by Crick as one of the taxi cabs for his taxi business. Crick collected fares in the total amount of $10,000 over the two months he used Kathy’s car. In a lawsuit filed by Kathy Kramer against Jonathan Crick, which of the following represents the correct amount of Ms. Kramer’s damages?
A. $12,500
B. $10,000
C. $2,500
Ď. None of the above
C (Fair market value at the time of the conversion) (why wouldn’t she get his gains?)
An accountant injures her hand when a calculator explodes. She misses several weeks of work while seeking treatment and recovering from the injury but then returns to her job. What damages is she entitled to in a suit against the manufacturer for negligent design of the calculator?
A. Lost wages
B. Emotional distress
C. Medical bills
D. All of the above
D
David intentionally trespassed on Sharon’s land. Sharon sued, and the jury
awarded $1 for the trespass and $5000 in punitive damages. David moves for judgment notwithstanding the verdict as to the punitive damages award. How is th court likely to rule on David’s motion?
A. The jury’s award was improper, because there must be a reasonable relationship between compensatory damages and punitive damages.
B. The jury’s award was improper, because punitive damages cannot
accompany nominal damages.
C. The jury’s award was proper, because punitive damages may be assessed
for an intentional trespass even if it does not cause harm.
D. The jury’s award was proper, because punitive damages are always allowed for an intentional tort.
A
An elderly man is injured when he slips and falls at a grocery store. The injury renders him homebound for months. He sues the grocery store for the tort of negligence. At trial, the man testifies he became very depressed during the time he was confined to his house. The jury finds in the man’s favor on the negligence claim and awards damages that include $250,000 as compensation for emotional distress. The grocery store appeals. What is the most likely result?
A. The appellate court will affirm the award of emotional distress damages because the man presented sufficient evidence of emotional distress.
B. The appellate court will affirm the award of emotional distress damages because emotional distress damages are required to be awarded for a tort claim.
C. The appellate court will reverse the award of emotional distress damages because there was no expert testimony proving the man actually suffered emotional distress.
D. The appellate court will reverse the award of emotional distress damages
because emotional distress is not recoverable for a tort claim.
C
- Which of the following is the most accurate statement about tort damages?
A. Tort damages compensate for financial harm only.
B. Tort damages are not limited by foreseeability
C. Tort damages are intended primarily to punish the defendant.
D. Tort damages are awarded only when a legal remedy is inadequate.
D
Dan is texting while driving and rear ends a car driven by Paul. Paul suffers minor
physical injuries that do not require medical treatment. But Paul has a preexisting mental health condition-anxiety-that is aggravated by the accident. He now has trouble sleeping and is unable to drive or even ride in a car because he worries about being hit again. He requires professional care and therapy to alleviate his anxiety, for which he pays $50,000. Paul sues Dan for negligence and the jury returns a verdict that includes an award of $50,000 to compensate Paul for his mental health care. Dan appeals the judgment and challenges the $50,000 mental health care award. What is the most likely result?
be them as they are
A. The judgment will be reversed because a reasonable person would not have
experienced the severe anxiety that Paul did.
B. The judgment will be reversed because it was not foreseeable that Paul had a
preexisting mental health condition.
C. The judgment will be affirmed based on the eggshell plaintiff rule.
D. The judgment will be affirmed because a defendant cannot challenge special
damages on appeal.
C (Eggshell=Take them as they are)
Which of the following accurately describes the measure of damages for
conversion?
A. The fair market value of the converted property at the time of the judgment
B. The subjective value the property has to the rightful owner
C. The diminution in value to the property
D. The fair market value of the converted property at the time of the conversion
D
