Blog | Post

Negligence - Damages
posted on in Torts by BarProse

Damages

Rule

Any rule statement addressing this element is usually acceptable, unless the facts indicate damages that are hard to determine. If the harm is slight, the eggshell doctrine may also be recited and analyzed.

July 2014 #6 Model A Finally the plaintiff must prove that they suffered damages.
July 2014 #6 Model B Lastly is damages, which must be to the person or property.
February 2011 #4 Model A The plaintiff must prove her damages. Under the "eggshell" plaintiff rule, the defendant must take the plaintiff as she finds them and is liable for the recovery no matter how surprisingly great it is considering the particular plaintiff.
February 2011 #4 Model B In a negligence action, the plaintiff must prove damages. The damages need not be economic, but must be real
Analysis & Conclusion

Damages can frequently be analyzed in one sentence.

February 2011 #4 Model B In a negligence action, the plaintiff must prove damages. The damages need not be economic, but must be real. Here, Paula will once again have no problem making out a case for damages because she was "severely injured" and taken to a hospital.
February 2011 #4 Model A The plaintiff must prove her damages. Under the "eggshell" plaintiff rule, the defendant must take the plaintiff as she finds them and is liable for the recovery no matter how surprisingly great it is considering the particular plaintiff. Here, Paula was injured from Gayle's car.

Core Approach

Causation
Actual Cause
Proximate Cause

Please note: The model answers often contain errors of law, spelling and grammar. We provide them as starting points to craft your own responses.

Model answer materials The State Bar of California, used with permission. All other materials BarProse LLC