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23. Breach of contract action by P, a construction contractor, against D, a lumber wholesaler. 23. Breach ofcontract action by P, a construction contractor, against
23. Breach of contract action by P, a construction contractor, against D, a lumber wholesaler.
23. Breach ofcontract action by P, a construction contractor, against D, a lumber wholesaler. P claims that D failed to make a timely delivery ofa load of lumber, causing P to suffer significant anticipated consequential damages. D claims it delivered the lumber on time. P calls W, its custodian of records. P's attorney shows W a document, which W identifies as a record of the kind prepared by its job foreperson any time building materials are delivered to a construction site. W testifies that P kept the document in the company files, as was customary. The document appears to conccm the questioned shipment, and bears a delivery date two weeks after the shipment was due. Evidence shows that the person who dated the document was unaware of any potential dispute between P and D. P offers the document into evidence. Which of the following statements is correct? A. B. C. D. The document is hearsay and admissible as a business record. The document is hearsay and admissible under the exception for past recollection recorded. The document is hearsay and does not satisfy the business records exception because W did not have personal knowledge of thc accuracy Of its Contents. The document is not hearsay. It was used solely to refresh the recollection of the witness.
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