Lost Future Earnings Are At Most Nominal Damages
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
- Torts1
Example wrong choices
18900_wedding_garden_spill · TORTS · Choice BBar it, because missed-booking income in a negligence case is always pure economic loss.
Why it's attractive
The 'always' framing is the tell. The standalone pure economic loss bar is the rule for plaintiffs with NO physical injury; it is not the rule for financial harm that flows from a tort-caused physical injury.
Why it's wrong
The 'always' framing is the tell. The standalone pure economic loss bar is the rule for plaintiffs with NO physical injury; it is not the rule for financial harm that flows from a tort-caused physical injury.
18900_wedding_garden_spill · TORTS · Choice CAllow it only as nominal damages, because the receipts are contingent on future events.
Why it's attractive
Contingent future bookings are a damages-quantification issue (certainty, mitigation), not a remedy-category issue. Nominal damages are reserved for cases with no compensable injury; here, there is a broken ankle and provable lost bookings.
Why it's wrong
Contingent future bookings are a damages-quantification issue (certainty, mitigation), not a remedy-category issue. Nominal damages are reserved for cases with no compensable injury; here, there is a broken ankle and provable lost bookings.
18900_wedding_garden_spill · TORTS · Choice DBar it unless Esther also proves a separate contract with the venue for the lost income.
Why it's attractive
Esther's suit against the venue is in tort (premises-injury negligence). The relevant contracts are the photography contracts she had with the bride-and-groom clients; those contracts measure the loss but are not the cause of action against the venue.
Why it's wrong
Esther's suit against the venue is in tort (premises-injury negligence). The relevant contracts are the photography contracts she had with the bride-and-groom clients; those contracts measure the loss but are not the cause of action against the venue.
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