Hobbes Has Sued Kant for Breach of Contract

question 11

Multiple Choice

Hobbes has sued Kant for breach of contract. The facts and issues are very complicated. Which of the following statements is TRUE?

• A) Hobbes must prove his cause of action on a balance of probabilities.
• B) A pre- trial conference will require the parties to explain their arguments to a mediator, who has the power to decide the case in favour of the defendant if the plaintiff's evidence is very weak.
• C) because they occur outside of court, examinations for discovery are entirely voluntary and neither party could be compelled to answer the other's questions
• D) If Hobbes wins the case at trial, but is awarded less than Kant offered in a formal settlement, the court will probably award costs against Hobbes on a solicitor- and- client basis.
• E) Although it would be quicker and less expensive to have the case decided by arbitration, arbitrators usually have less expertise than judges.

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