Multistate Bar Examination Practice Question

In a diversity jurisdiction case filed in federal court, the plaintiff alleges breach of contract, and the specific issue involves calculating damages for emotional distress. The defendant moves to dismiss the claim for emotional distress damages, arguing that such damages are not recoverable under the relevant state law. How should the federal court determine whether emotional distress damages are available in this case?

  • By applying the relevant state law governing the availability of emotional distress damages in contract cases.

  • By applying general principles of federal common law on damages.

  • By making a discretionary choice based on the interests of justice and fairness.

  • By determining whether the Federal Rules of Civil Procedure explicitly allow for emotional distress damages.

Multistate Bar Examination
Civil Procedure
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