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26 Aug 2024, 7:45 am by Patrick Bracher (ZA)
” In Investors Compensation Scheme Limited v West Bromwich Building Society [1998] Lord Hoffman emphasised the necessity to construe words in a contract by reference to their context, observing: “The meaning which a document (or any other utterance) would convey to a reasonable person is not the same thing as the meaning of its word. [read post]
6 Jan 2015, 5:42 am by Jessica Smith
L.P. was found to be incompetent six months after uttering the statements at issue. [read post]
28 Jul 2009, 4:34 am
Like its federal counterpart, Texas Rule of Evidence 803(2) provides an exception to the rule against hearsay for A statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the... [read post]
13 Jul 2010, 4:43 am by Evidence ProfBlogger
Like its federal counterpart, Ohio Rule of Evidence 804(B)(2) provides an exception to the rule against hearsay "[i]n a prosecution for homicide or in a civil action or proceeding" for a statement made by a declarant, while believing that his... [read post]
29 Dec 2009, 5:30 pm by Evidence ProfBlogger
Like its federal counterpart, Ohio Rule of Evidence 803(2) provides an exception to the rule against hearsay for: A statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the... [read post]