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David A. Sklansky

Evidence:

Cases, Commentary, and Problems

 
   
 


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Chapter 5 Problems
   
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Other Forbidden Inferences

 

Other Forbidden Inferences:

1.  Following a traffic accident one driver says to the other, "I don't want to litigate this.  I'll pay for the damage to your car, and I'll pay if you need to see a doctor."  If the second driver later sues the first for negligence, is the first driver's statement admissible to prove fault?

2.  An appliance repairer requires his customers to sign a contract providing that in any lawsuit brought against him, his lack of liability insurance will be admissible "without limitation."  A clothes dryer he repairs catches fire and causes extensive damage to the customer's home.  The customer sues the repairer for negligence.  May the defendant introduce proof that he carries no liability insurance?

3.  A bicycle company requires all its customers to sign a contract agreeing that in any lawsuit alleging a product defect, evidence that the defect was later remedied will be inadmissible for any purpose, including proof of feasibility.  The brakes fail on a bicycle sold by the company, and the customer is injured.  She sues alleging defective design.  At trial the company claims the brakes could not feasibly have been made more reliable, and the customer seeks to counter that claim with evidence that, following her accident, the company changed the design of the brakes in a way that made them more reliable.  Is the evidence admissible?

4.  [Separately copyrighted material -- see the casebook.]

 

 

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Copyright © 2003-2005 David A. Sklansky. All rights reserved.