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Deadline
15 February 2008
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Description
Law of Evidence problem questions essay, Civil area, covering admissibility, civil hearsay evidence, burden of proof, facts in issue (briefly), bad character, compellability, witness outside of the UK. Please see below:
Henry brings an action against Katherine for breach of contract, alleging that Katherine had agreed to sell him with jewellery worth £30,000. He alleges that Katherine had asserted that the jewellery was made by the famous jeweller Charles Dix and that the jewellery supplied was nothing but a replica of the original Dix jewellery.
In support of his case Henry proposes to adduce the following evidence:
1.A witness statement by Otto, which states that he saw a note in Kaherine’s office at the time of the sale, which read, “Send Henry the replica Dix jewellery.” The statement also states that at the time Otto was working for Katherine and was asked to take the note to one of her employees whose job it was to deliver jewellery. Otto is currently in Bolivia and does not wish to attend court.
2.Evidence from another buyer of jewellery (Mary) that four years ago she had requested a Queen Anne silver salt cellar from Katherine but that she had been in fact sent a clever replica that was not worth as much.
Katherine wishes to counter that evidence with the following:
1.She wishes to cross examine Otto about the fact that he made the statement after he had been sacked from his employment for making inappropriate sexual approaches to other members of staff.
2.If Otto denies that allegation, then she wishes to call three employees of hers to support that allegation.
Advise Katherine as to evidential (and related procedural) issues arising.
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