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Semple agreed to purchase a quantity of bird feed for his canary from a local pet shop. The shopkeeper agreed to weigh the feed and have it in a package for Semple when he returned in one hour. The shopkeeper weighed the feed, and wrote the weight, price, and Semple's name on the package. Before Semple returned, the package was stolen from the shop. The title to the goods had not passed because the shopkeeper had not notified Semple that the goods were weighed, and in a deliverable state.
Discovery Tools
Procedures used in legal proceedings to obtain evidence from the opposing party, including depositions, interrogatories, and requests for documents.
Interrogatories
A formal set of written questions that one party to a lawsuit asks the opposing party as part of the pretrial discovery process in order to clarify matters of evidence and help determine in advance what facts will be presented at any trial in the case. The questions must be answered in writing under oath or under penalty of perjury within a specified time. Also called requests for further information.
Motions
A procedural step used in legal proceedings where a request is made to the court to make a decision on a specific matter.
Depositions
Testimonies given under oath by a witness or party to a lawsuit, recorded outside of court for later use in court proceedings.
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