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l'illicéité ou la déloyauté dans l'obtention ou la production d'un moyen de preuve ne conduit pas nécessairement à l'écarter des débats
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- Interdiction de mettre en place des stratagème pour preuve, si elle est obtenue de manière déloyale, c'est irrecevale
- einen Beitrag zur Aufklärung von Verbrechen
- Radio station KSCS broadcast jazz music. It announced to its audience that it would pay $25,000 to any listener who detected that it did not play 3 consecutive songs. Malia Jones listened to and heard the program in which 2 songs were followed by a commercial. She claimed the $25,000. The station refused to pay on the ground there was no consideration for its promise to pay that amount. Was the station liable?a) Yes, under the uniform commercial code, the parties are bound by the covenant of good faith and fair dealing.b) No, this unilateral contract was not supported by consideration on Malia's part and the station offered an illusory promise.c) Yes, the station is bound by this unilateral contract, the court found that by listening to this station because of the offer, Malia gave up her time and right to listen to other stations - and her forbearance is consideration.d) No, this is a bilateral contract and Malia did not accept the offer or provide any consideration.