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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

FACTS: In a civil action for damages arising from a real estate development contract, P sues D. Y, the company’s chief financial officer, is not related to either party but stands to receive a substantial annual bonus if D prevails. Y testifies that the development agreement was properly formed and that the invoices submitted by P are genuine. There is no order disqualifying Y, and he is not shown to be legally incompetent. Which statement best describes the controlling doctrine on disqualification of witnesses on account of interest or relationship and the admissibility and weight of Y’s testimony?

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The testimony is admissible but cannot be used to prove the contract or the invoices without corroboration by independent documentary evidence or a disinterested witness. The weight of the testimony is determined solely by the witness’s credibility, with no special precaution due to interest or relationship. The witness is not disqualified per se; his testimony is admissible but must be received with caution and corroborated; the weight assigned should be less than that of a disinterested witness and depends on corroborating evidence. The testimony is admissible and should be given full weight if unimpeached, regardless of his interest.

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