The Electronic Scrivener


Action for breach of contract, the terms of which are allegedly contained in a telex from buyer D to seller P. D refused to go through with the deal when a dispute arose over the price and number of units ordered.

At trial, P offers as Plaintiff's Exhibit 1 a photocopy of the telex. No explanation was offered for P's failure to produce the original telex. D disputes the accuracy of the copy and objects to its introduction under Rule 1003.

Is the photocopy admissible? Who decides, judge or jury? In what situations would it be "unfair to admit the duplicate in lieu of the original"?

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