Bar Exam (Uniform) Quiz: Tort Damages
20 questions · exam conditions
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Tort DamagesQuestion 1 of 20

A thief stole a rare, vintage camera from a photographer. At the time of the theft, the camera had a fair market value of $3,000 based on recent sales of similar items. One week after the theft, the thief accidentally dropped the camera, destroying it completely. The original purchase price of the camera five years earlier was $2,500. A new, modern equivalent camera with similar features costs $4,000.

In a suit for conversion, what is the proper measure of the photographer's damages for the loss of the camera? Select one.

$3,000.
$2,500.
$4,000.
The greater of $3,000 or $4,000.
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Bar Exam (Uniform) Quiz

Bar Exam (Uniform) Quiz: Tort Damages

Practice Tort Damages in Bar Exam (Uniform) with focused quiz questions that help you check what you know, review explanations, and build confidence with test-style prompts.

What this quiz covers

This quiz focuses on Tort Damages, giving you a quick way to practice the rules, question types, and explanations that matter most for Bar Exam (Uniform).

How to use this quiz

Try each quiz question before looking at the correct answer. Use the explanations to review missed ideas, then come back to similar questions until the pattern feels familiar.

All questions

Question 1

A thief stole a rare, vintage camera from a photographer. At the time of the theft, the camera had a fair market value of $3,000 based on recent sales of similar items. One week after the theft, the thief accidentally dropped the camera, destroying it completely. The original purchase price of the camera five years earlier was $2,500. A new, modern equivalent camera with similar features costs $4,000.

In a suit for conversion, what is the proper measure of the photographer's damages for the loss of the camera? Select one.

  1. $3,000. (correct answer)
  2. $2,500.
  3. $4,000.
  4. The greater of $3,000 or $4,000.
Explanation: When you encounter a conversion question, focus on the fundamental principle: damages should restore the plaintiff to their position before the tort occurred. Conversion is the wrongful exercise of dominion over another's personal property, and the key timing issue is determining when the conversion occurred. The conversion happened at the moment of theft, not when the camera was later destroyed. At that point, the photographer was deprived of their property rights, and the law considers this a forced sale at fair market value. Since the camera's fair market value was $3,000 at the time of theft, this becomes the proper damage measure. The subsequent destruction is irrelevant because the conversion was already complete. Looking at the wrong answers: Choice B (2,500)incorrectlyusestheoriginalpurchasepricefromfiveyearsago,butthishistoricalcostdoesn′treflectthecamera′sactualvaluewhenconverted.ChoiceC(2,500) incorrectly uses the original purchase price from five years ago, but this historical cost doesn't reflect the camera's actual value when converted. Choice C (4,000) mistakenly applies a replacement cost theory using the modern equivalent's price, but conversion damages are based on the value of the actual item taken, not what it would cost to buy something similar today. Choice D suggests taking the greater of fair market value or replacement cost, but this creates an inappropriate windfall for the plaintiff beyond their actual loss. Study tip: Remember that conversion damages are always measured at the time and place of conversion using fair market value. Don't be distracted by purchase prices, replacement costs, or subsequent events—focus on what the specific item was worth when the defendant wrongfully took control of it.

Question 2

A pedestrian was struck by a negligent driver and incurred $80,000 in reasonable and necessary medical expenses. The pedestrian had excellent health insurance, which paid $70,000 of the medical bills directly to the hospital. The pedestrian paid the remaining $10,000 out of pocket. The pedestrian then sued the driver to recover for his injuries. The jurisdiction follows the traditional collateral source rule.

What is the total amount of medical damages the pedestrian is entitled to recover from the driver? Select one.

  1. $10,000.
  2. $70,000.
  3. $80,000. (correct answer)
  4. $150,000.
Explanation: The correct answer is $80,000. The collateral source rule prevents a defendant from introducing evidence that a plaintiff has received compensation from a source independent of the tortfeasor (like the plaintiff's own insurance). Therefore, the defendant is not entitled to have the damage award reduced by the amount of the insurance payments. The plaintiff is entitled to recover the full, reasonable value of the medical services rendered, which is $80,000, regardless of how those bills were actually paid.

Question 3

A person was killed in an industrial accident due to the negligence of their employer. The decedent is survived by a spouse. The decedent, who had a remaining work-life expectancy of 10 years, contributed $60,000 per year in financial support to the household. The present value of this future loss of support is calculated to be $450,000. The decedent also performed household services (repairs, childcare, etc.) valued at $15,000 per year; the present value of this loss is $110,000. The surviving spouse experienced profound grief, for which a therapist has recommended treatment costing $20,000. The jurisdiction's wrongful death statute permits recovery for pecuniary losses, including loss of support and services, but not for the survivors' grief or sorrow.

In a wrongful death action, what is the maximum amount the surviving spouse can recover? Select one.

  1. $450,000.
  2. $560,000. (correct answer)
  3. $580,000.
  4. $770,000.
Explanation: The correct answer is 560,000.Wrongfuldeathactionsarestatutory,andrecoveryislimitedtothelossesspecifiedinthestatute.Here,thestatuteallowsforpecuniary(financial)losses.Thepecuniarylossesconsistofthelossofsupport(560,000. Wrongful death actions are statutory, and recovery is limited to the losses specified in the statute. Here, the statute allows for pecuniary (financial) losses. The pecuniary losses consist of the loss of support (450,000) and the loss of services ($110,000), for a total of 560,000.Thecostoftherapyforthespouse′sgrief(560,000. The cost of therapy for the spouse's grief (20,000) is not recoverable because the statute explicitly excludes recovery for grief and sorrow.

Question 4

A thief stole a rare, vintage camera from a photographer. At the time of the theft, the camera had a fair market value of $3,000 based on recent sales of similar items. One week after the theft, the thief accidentally dropped the camera, destroying it completely. The original purchase price of the camera five years earlier was $2,500. A new, modern equivalent camera with similar features costs $4,000.

In a suit for conversion, what is the proper measure of the photographer's damages for the loss of the camera? Select one.

  1. $3,000. (correct answer)
  2. $2,500.
  3. $4,000.
  4. The greater of $3,000 or $4,000.
Explanation: When you encounter a conversion question, focus on the fundamental principle: damages should restore the plaintiff to their position before the tort occurred. Conversion is the wrongful exercise of dominion over another's personal property, and the key timing issue is determining when the conversion occurred. The conversion happened at the moment of theft, not when the camera was later destroyed. At that point, the photographer was deprived of their property rights, and the law considers this a forced sale at fair market value. Since the camera's fair market value was $3,000 at the time of theft, this becomes the proper damage measure. The subsequent destruction is irrelevant because the conversion was already complete. Looking at the wrong answers: Choice B (2,500)incorrectlyusestheoriginalpurchasepricefromfiveyearsago,butthishistoricalcostdoesn′treflectthecamera′sactualvaluewhenconverted.ChoiceC(2,500) incorrectly uses the original purchase price from five years ago, but this historical cost doesn't reflect the camera's actual value when converted. Choice C (4,000) mistakenly applies a replacement cost theory using the modern equivalent's price, but conversion damages are based on the value of the actual item taken, not what it would cost to buy something similar today. Choice D suggests taking the greater of fair market value or replacement cost, but this creates an inappropriate windfall for the plaintiff beyond their actual loss. Study tip: Remember that conversion damages are always measured at the time and place of conversion using fair market value. Don't be distracted by purchase prices, replacement costs, or subsequent events—focus on what the specific item was worth when the defendant wrongfully took control of it.

Question 5

A plaintiff was injured in a three-car accident, suffering a single, indivisible injury. A jury determined the plaintiff's total damages to be $400,000. The jury apportioned fault as follows: Driver A was 50% at fault, Driver B was 30% at fault, and Driver C was 20% at fault. The jurisdiction has statutorily abolished joint and several liability and adopted a pure several liability system for tort claims.

If the plaintiff sues only Driver A, what is the maximum amount the plaintiff can recover from Driver A? Select one.

  1. $120,000.
  2. $200,000. (correct answer)
  3. $280,000.
  4. $400,000.
Explanation: The correct answer is $200,000. Under a pure several liability system, each tortfeasor is liable only for their proportionate share of the plaintiff's damages. A defendant cannot be required to pay for the share of damages allocated to other tortfeasors. Here, Driver A was found to be 50% at fault. Therefore, Driver A is liable for 50% of the total damages: 0.50 x $400,000 = $200,000. The plaintiff must sue Drivers B and C separately to recover their respective shares.

Question 6

An entrepreneur purchased a restaurant for $800,000. The seller had intentionally and materially misrepresented the restaurant's financial records, claiming it generated an annual profit of $150,000. In reality, the restaurant's annual profit was only $50,000. An expert appraiser determined that a restaurant with a $150,000 annual profit would have a fair market value of $1,000,000, while the restaurant with its actual profit of $50,000 had a fair market value of only $400,000. The jurisdiction applies the 'benefit-of-the-bargain' rule for fraudulent misrepresentation.

What is the amount of the entrepreneur's damages? Select one.

  1. $200,000.
  2. $400,000.
  3. $600,000. (correct answer)
  4. $800,000.
Explanation: The correct answer is $600,000. The 'benefit-of-the-bargain' rule aims to give the plaintiff the value they would have received if the defendant's representations had been true. The formula is the value of the property as represented minus the actual value of the property received. Here, the value as represented was $1,000,000, and the actual value was $400,000. The damages are $1,000,000 - $400,000 = 600,000.The′out−of−pocket′measure,whichisthepurchasepriceminustheactualvalue(600,000. The 'out-of-pocket' measure, which is the purchase price minus the actual value (800,000 - $400,000 = $400,000), is a plausible distractor.

Question 7

A pharmaceutical company was found to have intentionally concealed data showing its new drug had a dangerous side effect. A plaintiff who took the drug suffered a heart attack and sued the company. The jury awarded the plaintiff 500,000incompensatorydamages(500,000 in compensatory damages (200,000 economic, $300,000 non-economic). The jury also found the company acted with malice and awarded punitive damages. The jurisdiction has a statute that caps punitive damages at three times the amount of compensatory damages.

What is the maximum total judgment the plaintiff is entitled to receive? Select one.

  1. $500,000.
  2. $1,500,000.
  3. $2,000,000. (correct answer)
  4. $2,500,000.
Explanation: The correct answer is $2,000,000. The plaintiff's total judgment consists of both compensatory and punitive damages. The compensatory damages are $500,000. The punitive damages are capped by statute at three times the compensatory damages, which is 3 x $500,000 = $1,500,000. The maximum total judgment is the sum of the maximum punitive award and the compensatory award: $1,500,000 + $500,000 = $2,000,000.

Question 8

A concertgoer was trampled and seriously injured when two separate groups of rowdy fans surged toward the stage from different directions. The concertgoer's injury was indivisible. In a negligence action, a jury determined the total damages to be $1,000,000. The jury found one group of fans to be 60% at fault and the second group to be 40% at fault. The jurisdiction follows the rule of joint and several liability. The concertgoer sued a member of the first group of fans, who was found to be 60% at fault.

What is the maximum amount the concertgoer can recover from the defendant who was part of the first group? Select one.

  1. $400,000.
  2. $600,000.
  3. $1,000,000. (correct answer)
  4. An amount dependent on the solvency of the second group.
Explanation: The correct answer is $1,000,000. Under the doctrine of joint and several liability, when two or more tortfeasors contribute to an indivisible injury, each tortfeasor is individually liable for the entire amount of the plaintiff's damages. The plaintiff can choose to collect the full amount from any one of the liable defendants. Here, although the defendant's group was found 60% at fault, the plaintiff can recover the full $1,000,000 from that defendant. The defendant may then have a right of contribution to seek recovery from the other tortfeasors for their share.

Question 9

A pharmaceutical company was found to have intentionally concealed data showing its new drug had a dangerous side effect. A plaintiff who took the drug suffered a heart attack and sued the company. The jury awarded the plaintiff 500,000incompensatorydamages(500,000 in compensatory damages (200,000 economic, $300,000 non-economic). The jury also found the company acted with malice and awarded punitive damages. The jurisdiction has a statute that caps punitive damages at three times the amount of compensatory damages.

What is the maximum total judgment the plaintiff is entitled to receive? Select one.

  1. $500,000.
  2. $1,500,000.
  3. $2,000,000. (correct answer)
  4. $2,500,000.
Explanation: The correct answer is $2,000,000. The plaintiff's total judgment consists of both compensatory and punitive damages. The compensatory damages are $500,000. The punitive damages are capped by statute at three times the compensatory damages, which is 3 x $500,000 = $1,500,000. The maximum total judgment is the sum of the maximum punitive award and the compensatory award: $1,500,000 + $500,000 = $2,000,000.

Question 10

A person took his neighbor's expensive bicycle without permission for a weekend trip. During the trip, the person negligently crashed, causing significant scratches and bending the frame. The fair market value of the bicycle before the trip was $4,000. The cost to repair the frame and repaint the scratches is $1,500. After the repairs, the bicycle's market value is restored to $4,000. The neighbor also had to rent a replacement bicycle for a week at a cost of $200 while the repairs were being made.

Assuming the person's actions constitute a trespass to chattels, what is the proper amount of the neighbor's damages? Select one.

  1. $1,500.
  2. $1,700. (correct answer)
  3. $4,000.
  4. $4,200.
Explanation: The correct answer is $1,700. For trespass to chattels, where the property is damaged but not destroyed, the typical measure of damages is the cost of repair or the diminution in value, whichever is less. Here, the cost of repair is $1,500. Additionally, the plaintiff can recover for the loss of use of the chattel during the time it is being repaired, which is $200. Therefore, the total damages are $1,500 (cost of repair) + $200 (loss of use) = $1,700. The full market value of $4,000 would be the remedy for conversion, which requires a more serious interference with the owner's rights.

Question 11

A 28-year-old architect suffered a career-ending injury to her hands due to a defendant's negligence. At trial, the architect presented evidence establishing the following damages: Past medical expenses of $150,000; the present value of future medical care of $400,000; the present value of lost future earning capacity of $2,500,000; and past and future non-economic damages for pain, suffering, and loss of enjoyment of life of $1,000,000.

What is the total amount of the architect's compensatory damage award? Select one.

  1. $2,500,000.
  2. $3,050,000.
  3. $4,050,000. (correct answer)
  4. $4,200,000.
Explanation: The correct answer is 4,050,000.Thetotalcompensatorydamageawardisthesumofalleconomicandnon−economiclosses.Thisincludespastmedicalexpenses(4,050,000. The total compensatory damage award is the sum of all economic and non-economic losses. This includes past medical expenses (150,000), future medical expenses (400,000),lostearningcapacity(400,000), lost earning capacity (2,500,000), and non-economic damages ($1,000,000). The correct calculation is $150,000 + $400,000 + $2,500,000 + $1,000,000 = $4,050,000. The distractors represent common errors, such as omitting non-economic damages or one of the economic damage categories.

Question 12

A pedestrian was struck by a negligent driver and incurred $80,000 in reasonable and necessary medical expenses. The pedestrian had excellent health insurance, which paid $70,000 of the medical bills directly to the hospital. The pedestrian paid the remaining $10,000 out of pocket. The pedestrian then sued the driver to recover for his injuries. The jurisdiction follows the traditional collateral source rule.

What is the total amount of medical damages the pedestrian is entitled to recover from the driver? Select one.

  1. $10,000.
  2. $70,000.
  3. $80,000. (correct answer)
  4. $150,000.
Explanation: The correct answer is $80,000. The collateral source rule prevents a defendant from introducing evidence that a plaintiff has received compensation from a source independent of the tortfeasor (like the plaintiff's own insurance). Therefore, the defendant is not entitled to have the damage award reduced by the amount of the insurance payments. The plaintiff is entitled to recover the full, reasonable value of the medical services rendered, which is $80,000, regardless of how those bills were actually paid.

Question 13

A manufacturing company purchased a custom-built turbine for its factory. Shortly after installation, a defect in the turbine's internal wiring caused it to short-circuit and destroy itself. The cost to replace the turbine was $200,000. While the turbine was out of commission, the company lost $300,000 in profits. The defective turbine did not cause any personal injuries or damage to any other property in the factory. The company filed a tort action against the turbine manufacturer based on a theory of strict products liability.

In its tort action, what is the total amount of damages the company is likely to recover? Select one.

  1. $0. (correct answer)
  2. $200,000.
  3. $300,000.
  4. $500,000.
Explanation: The correct answer is $0. The economic loss rule provides that a plaintiff cannot recover in tort for purely economic losses, including damage to the product itself or lost profits. When a product's failure causes harm only to itself, the plaintiff's remedies are in contract law (e.g., breach of warranty), not tort law. Because the defective turbine did not cause personal injury or damage to other property, the economic loss rule bars recovery in a strict products liability action. The company's damages, while real, must be pursued through a contract or UCC claim.

Question 14

A defendant negligently lost control of his car and crashed into the plaintiff's vintage automobile. Immediately prior to the accident, the fair market value of the vintage car was $25,000. The collision caused extensive damage. A reliable mechanic estimated that the cost to fully repair the car would be $30,000. The post-accident salvage value of the wrecked car is $2,000.

What is the proper measure of damages for the harm to the plaintiff's car? Select one.

  1. $2,000.
  2. $23,000. (correct answer)
  3. $25,000.
  4. $30,000.
Explanation: The correct answer is 23,000.Whenpropertyisdestroyedordamagedtotheextentthatthecostofrepairexceedsitsfairmarketvalue,thepropertyisconsideredatotalloss.Themeasureofdamagesisthefairmarketvalueofthepropertyimmediatelybeforetheaccident,lessanysalvagevalueiftheplaintiffretainsthesalvage.Here,therepaircost(23,000. When property is destroyed or damaged to the extent that the cost of repair exceeds its fair market value, the property is considered a total loss. The measure of damages is the fair market value of the property immediately before the accident, less any salvage value if the plaintiff retains the salvage. Here, the repair cost (30,000) exceeds the pre-accident value ($25,000), so the car is a total loss. The damages are the pre-accident value minus the salvage value: $25,000 - $2,000 = $23,000. If the defendant took possession of the salvage, damages would be the full $25,000.

Question 15

A local blogger published a false article stating that a specific financial planner was under federal investigation for running a Ponzi scheme. This statement, which accuses the planner of a serious crime, constitutes libel per se. The planner sued the blogger for defamation. The planner was unable to prove any specific monetary loss (special damages) but offered credible testimony about his public humiliation and the damage to his professional reputation. The jury found in favor of the planner and awarded him $50,000 in general damages for his reputational harm and emotional distress. The jury did not award any other type of damages.

What is the total compensatory damage award for the planner? Select one.

  1. $0, because no special damages were proven.
  2. $1 in nominal damages only.
  3. $50,000. (correct answer)
  4. An amount for proven special damages only.
Explanation: The correct answer is $50,000. For defamation that is libel per se (such as accusing someone of a crime), the plaintiff does not need to prove special damages (specific economic losses) to recover. General damages, which compensate for harm to reputation and emotional distress, are presumed to flow from the defamatory statement. The jury's award of $50,000 represents these general damages, which are a form of compensatory damages. Therefore, the total compensatory award is $50,000.

Question 16

A 70-year-old individual was struck by a negligent driver. The individual survived for 30 days in the hospital before dying from her injuries. During that month, she incurred $120,000 in medical bills and experienced significant pain and suffering, which a jury valued at $100,000. She also lost one month of pension income, amounting to $5,000. Had she lived, her future lost earnings would have been negligible. Her estate filed a survival action against the driver. The jurisdiction's survival statute allows the estate to recover for the decedent's pre-death damages.

What is the total amount of damages recoverable by the estate in the survival action? Select one.

  1. $100,000.
  2. $125,000.
  3. $220,000.
  4. $225,000. (correct answer)
Explanation: The correct answer is 225,000.Asurvivalactionallowsthedecedent′sestatetopursueanyclaimsthedecedentherselfwouldhavehadatthetimeofherdeath.Thisincludesdamagesincurredbetweenthetimeofinjuryandthetimeofdeath.Here,thosedamagesarethemedicalbills(225,000. A survival action allows the decedent's estate to pursue any claims the decedent herself would have had at the time of her death. This includes damages incurred between the time of injury and the time of death. Here, those damages are the medical bills (120,000), the lost income (5,000),andthedecedent′sownpainandsuffering(5,000), and the decedent's own pain and suffering (100,000). The sum of these amounts is $120,000 + $5,000 + $100,000 = $225,000.

Question 17

A person took his neighbor's expensive bicycle without permission for a weekend trip. During the trip, the person negligently crashed, causing significant scratches and bending the frame. The fair market value of the bicycle before the trip was $4,000. The cost to repair the frame and repaint the scratches is $1,500. After the repairs, the bicycle's market value is restored to $4,000. The neighbor also had to rent a replacement bicycle for a week at a cost of $200 while the repairs were being made.

Assuming the person's actions constitute a trespass to chattels, what is the proper amount of the neighbor's damages? Select one.

  1. $1,500.
  2. $1,700. (correct answer)
  3. $4,000.
  4. $4,200.
Explanation: The correct answer is $1,700. For trespass to chattels, where the property is damaged but not destroyed, the typical measure of damages is the cost of repair or the diminution in value, whichever is less. Here, the cost of repair is $1,500. Additionally, the plaintiff can recover for the loss of use of the chattel during the time it is being repaired, which is $200. Therefore, the total damages are $1,500 (cost of repair) + $200 (loss of use) = $1,700. The full market value of $4,000 would be the remedy for conversion, which requires a more serious interference with the owner's rights.

Question 18

A 28-year-old architect suffered a career-ending injury to her hands due to a defendant's negligence. At trial, the architect presented evidence establishing the following damages: Past medical expenses of $150,000; the present value of future medical care of $400,000; the present value of lost future earning capacity of $2,500,000; and past and future non-economic damages for pain, suffering, and loss of enjoyment of life of $1,000,000.

What is the total amount of the architect's compensatory damage award? Select one.

  1. $2,500,000.
  2. $3,050,000.
  3. $4,050,000. (correct answer)
  4. $4,200,000.
Explanation: The correct answer is 4,050,000.Thetotalcompensatorydamageawardisthesumofalleconomicandnon−economiclosses.Thisincludespastmedicalexpenses(4,050,000. The total compensatory damage award is the sum of all economic and non-economic losses. This includes past medical expenses (150,000), future medical expenses (400,000),lostearningcapacity(400,000), lost earning capacity (2,500,000), and non-economic damages ($1,000,000). The correct calculation is $150,000 + $400,000 + $2,500,000 + $1,000,000 = $4,050,000. The distractors represent common errors, such as omitting non-economic damages or one of the economic damage categories.

Question 19

A local blogger published a false article stating that a specific financial planner was under federal investigation for running a Ponzi scheme. This statement, which accuses the planner of a serious crime, constitutes libel per se. The planner sued the blogger for defamation. The planner was unable to prove any specific monetary loss (special damages) but offered credible testimony about his public humiliation and the damage to his professional reputation. The jury found in favor of the planner and awarded him $50,000 in general damages for his reputational harm and emotional distress. The jury did not award any other type of damages.

What is the total compensatory damage award for the planner? Select one.

  1. $0, because no special damages were proven.
  2. $1 in nominal damages only.
  3. $50,000. (correct answer)
  4. An amount for proven special damages only.
Explanation: The correct answer is $50,000. For defamation that is libel per se (such as accusing someone of a crime), the plaintiff does not need to prove special damages (specific economic losses) to recover. General damages, which compensate for harm to reputation and emotional distress, are presumed to flow from the defamatory statement. The jury's award of $50,000 represents these general damages, which are a form of compensatory damages. Therefore, the total compensatory award is $50,000.

Question 20

An entrepreneur purchased a restaurant for $800,000. The seller had intentionally and materially misrepresented the restaurant's financial records, claiming it generated an annual profit of $150,000. In reality, the restaurant's annual profit was only $50,000. An expert appraiser determined that a restaurant with a $150,000 annual profit would have a fair market value of $1,000,000, while the restaurant with its actual profit of $50,000 had a fair market value of only $400,000. The jurisdiction applies the 'benefit-of-the-bargain' rule for fraudulent misrepresentation.

What is the amount of the entrepreneur's damages? Select one.

  1. $200,000.
  2. $400,000.
  3. $600,000. (correct answer)
  4. $800,000.
Explanation: The correct answer is $600,000. The 'benefit-of-the-bargain' rule aims to give the plaintiff the value they would have received if the defendant's representations had been true. The formula is the value of the property as represented minus the actual value of the property received. Here, the value as represented was $1,000,000, and the actual value was $400,000. The damages are $1,000,000 - $400,000 = 600,000.The′out−of−pocket′measure,whichisthepurchasepriceminustheactualvalue(600,000. The 'out-of-pocket' measure, which is the purchase price minus the actual value (800,000 - $400,000 = $400,000), is a plausible distractor.