Respuesta :
The Court will rule the Objection in the following manner : -
The right Response will be Option D.
Overruled because the merchant's claim was made beyond the parameters of the privilege according to the circumstances in which it was made.
Reasons to overrule the Argument:
It's likely that the semi-pro team's owner will win. Although the parties referred to the $500 per week damages as a "penalty," it actually functions as a fair liquidated damages clause. If the sum agreed upon is a fair prediction of compensatory damages in the case of a breach and I damages are difficult to determine at the time the contract is created, the parties to the agreement may specify what damages are to be paid in the event of a breach. This situation satisfies these requirements. The owner estimated that it would cost him several thousand dollars to hire a new management in the middle of the season, which seems like a realistic estimate of the compensatory damages.
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Correct Question - A merchant sued a company for breach of contract, alleging that the products she purchased failed to conform to contract specifications. Shortly before the trial was to begin, the merchant suffered a stroke that left her paralyzed and virtually unable to communicate. Her guardian was properly substituted as the plaintiff in the lawsuit. At trial, following presentation of the plaintiff's case, the company calls as a witness a priest to question him about a conversation he had with the merchant at a church fundraiser. In this conversation, the merchant told the priest in confidence that the products she received were actually quite functional, but that she had become aware of a lower price being offered by another vendor, and thus wanted to get out of her contract with the company. The plaintiff's attorney immediately objects on the basis of clergy-penitent privilege.
How should the court rule on the objection?
A Sustained, because the merchant's statement was made to the priest in confidence.
B Sustained, because this is not a criminal case.
C Overruled, because the privilege can be invoked only by the person who made the confidential statement.
D Overruled, because the circumstances under which the merchant made the statement take it outside the scope of the privilege.
