Question

A merchant sued a company for breach of contract, alleging that the products she purchased failed to conform to contract specifications. Shortly before the trial was to begin, the merchant suffered a stroke that left her paralyzed and virtually unable to communicate. Her guardian was properly substituted as the plaintiff in the lawsuit. At trial, following presentation of the plaintiff's case, the company calls as a witness a priest to question him about a conversation he had with the merchant at a church fundraiser. In this conversation, the merchant told the priest in confidence that the products she received were actually quite functional, but that she had become aware of a lower price being offered by another vendor, and thus wanted to get out of her contract with the company. The plaintiff's attorney immediately objects on the basis of clergy-penitent privilege. How should the court rule on the objection

Answer 1

Overruled, because the circumstances under which the merchant made the statement take it outside the scope of the privilege.

Step-by-step explanation:

A clergy-penitent privilege is one that protects information that is divulged between a person and his priest. The matters discussed with the priest should be in his capacity as a spiritual adviser.

However in the given scenario they were in a social setting during casual conversation so it was not not in his role as spiritual adviser.

A clergy-penitent privilege will have applied if the conversation took place during confession or a counselling session.

The court should overrule the objection as the conversation is outside the scope of clergy-penitent privilege.