John Dawson has been sued by Ralph Kirkwood for breach of contract. John recalls several e-mail exchanges he had with Ralph about the contract in which Ralph indicated he did not want to proceed with the contract. Unfortunately, John has deleted the e-mails. Which of the following statements is true?
A) John can testify about the e-mails, but he is out of luck in terms of submitting them as evidence.
B) John can obtain the e-mails from Ralph or Ralph's ISP through discovery.
C) John cannot obtain the e-mails without Ralph's consent.
D) E-mails are generally not admissible as evidence.
Question 2
Susan Smith owns a floral shop in Mesa, Arizona. Ms. Smith has designed a special vase that allows fresh flowers to stay fresh longer. She has a patent pending on the vase. Ms. Smith learns through a friend that a man who visited her floral shop while on vacation from Minnesota has begun producing and selling the vase to flower shops around the country. The man has only been in Arizona once and it was for personal vacation. Ms. Smith has been unable to stop him from the production of the vases. Suppose that Ms. Smith does not want to bring a lawsuit. Which of the following methods of resolution would be binding on her and the man from Minnesota?
A) Mock jury trial
B) Mediation
C) Arbitration
D) All of the above
John Latham
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