Breach of contract action by Opinion Survey

/in /by

Breach of contract action by Opinion Survey Co. (P) against D, an unsuccessful presidential candidate. P claims that D failed to pay a large bill for political polling P had performed. D claims that she never hired P to do work for her. At trial, P calls W, a news reporter, and wishes to have W testify that during the campaign, he attended a press conference conducted by X, D’s husband, and that at that press conference, X said, “according to figures put together for us by the P Opinion Survey Co., we have a 19 percentage point lead over our closest rival.” Which of the following constitutes P’s strongest argument that the evidence of X’s statement is admissible?

    1. Because the making of X’s statement constitutes the very fact in issue, it is an act of independent legal significance, and is thus admissible as non-hearsay.
    2. Because X’s statement does not assert that D hired P, it is admissible non-hearsay.
    3. Because X was probably authorized to speak for D, X’s statement is admissible as an authorized admission.
    4. Because X was speaking about a matter within the scope of his employment, X’s statement is admissible as an agency admission under.