Business Credit Company files a suit against City Developers,Inc. ,and seeks,as part of discovery,certain electronic documents in City Developers's possession.City Developers did not preserve the requested data-e-mail messages among employees.The court is not likely to sanction City Developers if
A)the data was not saved because there was no reasonable anticipation of litigation.
B)the e-documents were destroyed when the suit was filed.
C)the e-mail messages were trashed when the discovery request was made.
D)the e-mail system was wiped clean to avoid revealing incriminating evidence.

Question

Quizplus · Accepted Answer

If there was no reasonable anticipation of litigation, City Developers may not have had a duty to preserve the electronic documents, so the court is unlikely to sanction them. However, if there was a reasonable anticipation of litigation, City Developers would be required to preserve relevant electronic documents, and the lack of preservation could result in sanctions. Choices B, C, and D all indicate intentional destruction or tampering with the evidence, which would increase the likelihood of sanctions.

Business Credit Company Files a Suit Against City Developers,Inc