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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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An action for breach of a written service agreement involves proof of the contract's terms. The plaintiff offers a scanned PDF printout of the contract terms derived from the company's cloud-based contract management system. The original hard copy reportedly disappeared following a corporate reorganization, and the defendant objects that the best evidence rule requires the production of the original document. The trial court excludes the scanned printout. Later, the company's records custodian testifies that the printout is a true and correct copy generated in the ordinary course of business, and another employee assisted in printing. The plaintiff moves for curative admissibility, arguing that exclusion would result in a miscarriage of justice. The court denies the motion. Is the scanned PDF printout admissible under curative admissibility? Explain the doctrine, distinguish it from ordinary admissibility rules, and apply to these facts. (a) Identify the central doctrine and its purpose. (b) State the conditions and boundaries for applying curative admissibility. (c) Apply to the facts and decide the outcome, with a brief explanation.

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Clara

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