Practice question
The defendant admits the facts supporting liability but the complaint also demands a substantial amount of unliquidated damages. The plaintiff argues that absence of a specific denial conclusively admits the exact damages amount and requires its award under Rule 34 without proof. Which is correct?
- Every amount requested is automatically admitted
- Rule 8’s unliquidated-damages exception is erased by invoking Rule 34
- The court must award twice the prayer
- Pleading admissions do not automatically establish the amount of unliquidated damages; that amount requires the proper proof and determination
- No civil damages can ever be awarded
Legal references
- https://lawphil.net/courts/rules/rc_1-71_civil.html — Rule 34 section 1, answer failing to tender an issue or admitting material allegations and the marriage or legal-separation exception.
- https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html — current Rule 34 section 2, apparent no-issue basis for court-initiated or motion-based judgment and Rule 15 treatment otherwise; Rule 8 section 11, unliquidated damages.
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