Damages Is Only For Jury
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Contracts1
Example wrong choices
14525_jonah_fish_escape · CONTRACTS · Choice Areversed, because the test for limiting damages is what the breaching party could reasonably have foreseen at the time of the breach.
Why it's attractive
The choice reverses but attacks foreseeability at breach, while the quoted defect is the categorical new-business-profit bar.
Why it's wrong
The choice reverses but attacks foreseeability at breach, while the quoted defect is the categorical new-business-profit bar.
14525_jonah_fish_escape · CONTRACTS · Choice Caffirmed, because the trial court stated the law correctly.
Why it's attractive
Gold Key kills it: the instruction's categorical bar is not the modern rule.
Why it's wrong
Gold Key kills it: the instruction's categorical bar is not the modern rule.
14525_jonah_fish_escape · CONTRACTS · Choice Daffirmed, because the issue of damages for breach of contract was solely a jury question.
Why it's attractive
The word 'solely' is the tell; damages can have jury fact issues, but legal instructions are reviewable.
Why it's wrong
The word 'solely' is the tell; damages can have jury fact issues, but legal instructions are reviewable.
Practice the questions that use this trap as a distractor and get full Wrong Answer Forensics on submit.
Practice questions using this trap →