In proceedings before the District Court of The Hague, Gina Rosario takes the position that she is a
has lent a sum of € 25,000 to Tom Valk. According to Rosario, Valk has this amount in mind
used for private purposes. In his statement of defence, Valk has firmly denied any amount of
Rosario borrowed. Rosario has a typed IOU dated January 6, 2020 in the
brought to trial.
The text reads as follows:
“Valk has received an amount of € 25,000 in cash from Rosario as a loan.
Valk hereby undertakes to repay the relevant amount of € 25,000 upon first request,
plus 5% interest from January 6, 2020 until the day of full payment.”
In addition, Rosario submitted a handwritten letter dated September 14, 2020 that
according to her it was signed by Valk. The letter has the following text:
“Rosario, I will repay the amount I borrowed of € 25,000, including the 5% interest, as soon as possible.
I expect to have the amount together in the course of the next week.”
Valk firmly denies that he signed the letter in question.
a. What is the probative value of the IOU dated January 6, 2020?
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