Question

1- Grover initiates a breach of contract action against Todd. Grover claims the contract, which was reduced to writing, called for Todd to deliver 200 crates of peaches by a certain date. At trial, Todd wishes to testify that the contract only called for delivery of 100 crates. Grover makes a best evidence rule objection.

a.The court should sustain the objection.

b.The court should overrule the objection because a contract is an agreement brought about by the meeting of two minds, not by writing. The writing is only a memorandum of the agreement, not the contract itself.

c.The court should overrule the objection because Todd is not testifying about the contents of the writing, but about his understanding of the agreement.

d.The court should overrule the objection because the central issue in the case concerns the terms of the agreement, and the jury is entitled to hear Todd's interpretation of the terms.

e.None of the above.

2-Vivian starts a fraud action against Dennis, a used car seller, arising from the sale of a car. Vivian asserts that Dennis advertised the car as new when in fact its odometer had been set back to zero from 10,000 miles. Before trial, Vivian took the deposition of Sam, Dennis's sales manager. During the deposition, Sam admitted that the seller sometimes turned back odometers on vehicles before sale. At trial, Dennis calls Sam, who testifies that he prepares all cars for Dennis and that no odometers were ever turned back while Sam worked for Dennis. On cross-examination, Vivian asks Sam whether he remembers having his deposition taken and stating that odometers sometimes were turned back. Sain admits to having had his deposition taken but denies making the statement. Vivian wishes to read into evidence a portion of Sam's deposition transcript containing Sam's statement that odometers sometimes were turned back. Which of the following statements is most accurate?

a.The portion of the transcript is admissible only to impeach Sam's credibility.

b.The portion of the transcript is admissible both to impeach Sam's credibility and to prove that the odometer was turned back.

c.The portion of the transcript is inadmissible for either purpose because Sam is not unavailable.

d.The portion of the transcript is inadmissible for either purpose unless Dennis's lawyer cross-examined Sam at the deposition.

e.None of the above.

Answer 1

1. Answer is d.The court should overrule the objection because the central issue in the case concerns the terms of the agreement, and the jury is entitled to hear Todd's interpretation of the terms.

The reason is that the Court's have the right to hear both parties when the terms of the agreement agreement are ambiguous and make a conclusion on that behalf. Since Todd can testify his claim, the court will overrule the objection.

2. Answer is  d.The portion of the transcript is inadmissible for either purpose unless Dennis's lawyer cross-examined Sam at the deposition.

The raionale behind the same is that untill Dennis's Lawyer cross examines Sam, any transcript betweeen Vivian and Sam is not admissible in the court as it cannot be relied upon as an Evidence in the Courts.