5. Breach of contract action by P against D. P claims the contract, which was re

Question

5. Breach of contract action by P against D. P claims the contract, which was reduced to writing, called for D to deliver 200 crates of apples by a certain date. At trial, D wishes to testify that the contract only called for delivery of 100 crates, P makes a best evidence rule objection How should the court rule? A. None of the answers below B. The court should overrule the objection because a contract is an agreement brought about by the meeting of two minds, not a writing. The writing is only a memorandum of the agreement, not the contract itself. C. The court should overrule the objection because D is not testifying about the contents of the writing, but about her understanding of the agreement. Thus the best evidence rule does not apply. 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 D's interpretation of the terms. E. The court should sustain the objection

Explanation / Answer

Correct answer is E) The court in the case of P and D, should sustain the objection.

Explanation:

This is because the law prescribes that the terms of the contract be clearly outlined before the performance for the provision of reliable evidence in case of non-performance As a result; most formal contracts are in writing. The best evidence rule, an article of the Federal laws of evidence prescribes that a party seeking to use this evidence should provide evidence in writing or recordings that both parties hold as proof of contract (Miller, 2012).

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