1. Simu buys a Rolex watch from Erik, his next-door neighbor. The watch appears gold in color and the watch face is encrusted with diamonds. In an email to Simu, Erik stated he paid $25,000 for the watch and that Erik believed the watch is worth about $18,000. Simu agreed to and did pay Erik $18,000 for the watch. About two months later, Simu took the watch in for repair where he was told the watch is not real gold and the diamond-like stones are fake. Simu sues Erik for breach of contract and fraud.
   1. In support of a motion for summary judgment, Erik's attorney asks you to prepare Erik's declaration and "to make sure the email is attached." What language is required in the declaration to properly lay a foundation and to authenticate the email as an exhibit? (5 points).
   2. During trial, the parties wish to introduce the following opinion testimony. State whether the testimony is admissible by the witness and explain your answer. Do not object on grounds any evidence lacks foundation. (20 points)
      1. Erik intends to testify, "before I sold Simu the Rolex, I believed my watch was worth $18,000."
      2. Simu intends to testify, "the stones are cubic zirconia and not diamonds."
      3. Simu intends to testify, "a watch like the one sold to him would sell on the open market for about $200."
      4. Erik intends to testify, "I believe Simu was sober at the time he bought the watch."
      5. Simu intends to testify, "there is no doubt Erik breached the contract."

Answer rating: 100% (QA)

To properly lay a foundation and authenticate the email as an exhibit the language required in Eriks declaration should include the following elements ... View the full answer