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Adam properly commenced a diversity action in the applicable U.S. District against Bart. Adam claimed that he and Bart had entered into a valid contract,
Adam properly commenced a diversity action in the applicable U.S. District against Bart. Adam claimed that he and Bart had entered into a valid contract, that the latter had repudiated the agreement, and that as a consequence Adam had sustained economic losses in the amount of $90,000. Bart answered by denying the existence of a contractual agreement. At trial, Bart attempted to introduce evidence that Art had made an anticipatory repudiation of the alleged agreement prior to the time that Bart's performance was due. If this assertion were correct, Bart would have an affirmative defense to Adam's action (even if a valid contract had been formed). Assuming Adam made a timely objection to the introduction of Bart's evidence pertaining to anticipatory repudiation; Question 8Select one: a. His objection must be sustained, because the evidence is outside the pleadings. b. The evidence may be admitted, in the discretion of the court. c. The objection must be sustained, because amendments to pleadings cannot be made after trial has been commenced. d. The evidence must be admitted, since it is relevant to B's defense (if it is admitted, however, A is entitled to a continuance to meet such evidence)
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