Which statement about the notice of complaint content is true?

Which statement about the notice of complaint content is true?

• A. Brief description of the cause of action
• B. Remedy sought
• C. Amount of damages required
• D. In a tort case, no need to specify amount

Answer: (D)

In a tort case, you don’t have to fix the exact dollar amount of damages in the complaint. You can plead damages in a general or unliquidated form and let proof at trial determine the precise sum. The complaint should still set out the facts and the legal theory and request the relief sought, but the exact amount of damages need not be stated upfront. This is why the statement about the amount of damages being required is not true for a tort action—the amount can be left unspecified or described as unliquidated and proven later. The other ideas are less accurate in this context: a complaint must plead sufficient facts to support the claim rather than merely a brief description, and the content requirements aren’t anchored to a fixed dollar amount in tort cases (though the remedy sought is part of what you request).

In a tort case, you don’t have to fix the exact dollar amount of damages in the complaint. You can plead damages in a general or unliquidated form and let proof at trial determine the precise sum. The complaint should still set out the facts and the legal theory and request the relief sought, but the exact amount of damages need not be stated upfront.

This is why the statement about the amount of damages being required is not true for a tort action—the amount can be left unspecified or described as unliquidated and proven later. The other ideas are less accurate in this context: a complaint must plead sufficient facts to support the claim rather than merely a brief description, and the content requirements aren’t anchored to a fixed dollar amount in tort cases (though the remedy sought is part of what you request).