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MMLU / An owner of a storage facility stores flammable gases under high pressure in…

Problem

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question

An owner of a storage facility stores flammable gases under high pressure in large spherical tanks. The facility was constructed for the owner by a company that specializes in the construction of such facilities. After the facility had been in use for three months, one of the tanks ruptured, causing a spillage and loss of the chemicals. The owner sued the company for strict liability, claiming that the storage tank had been defectively manufactured. At trial, the owner called a photographer who testified she was hired by the owner to photograph the ruptured tank after the accident. She further testified that the roll of film was sent to a commercial film lab where the photographs were developed. Thereupon, the owner's attorney showed the photographer the photographs, which she identified as the ones she had taken and given to the Owner. The owner's attorney offers 10 photographs into evidence. Upon objection by the company's counsel, which of the following, if true, is the best reason to exclude the photographs from evidence?

choices

  1. The photographer was not shown to be an expert or professional photographer.
  2. There was an unaccountable break in the chain of custody from the time when the photographs were taken to the period when the negatives were processed.
  3. There was no testimony that the photographs accurately portrayed the ruptured tank.
  4. The photographs are not the best evidence to prove how the tank ruptured.

subject

professional_law

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