0

Confirm favorite deletion?

Cancel Yes, Delete

Contracts Keyed to Calamari

Eastern Airlines, Inc. v. McDonnell Douglass Corp.

Facts

The Plaintiff, Eastern Airlines, Inc. (the "Plaintiff"), entered into a contract with the Defendant, McDonnell Douglas (the "Defendant"), to purchase 100 airplanes. A provision in the agreement excused the Defendant's delays if the delays were beyond their control. As the provision makes clear, the delays contemplated included, but were not limited to acts of government. The Excusable Delay clause stated "Seller shall not be responsible nor deemed to be in default on account of delays in performance . . . due to causes beyond Seller's control and not occasioned by its fault or negligence, including but not being limited to . . . any act of government, governmental priorities, allocation regulations or orders affecting materials, equipment, facilities or completed aircraft, . . . failure of vendors (due to causes similar to those within the scope of this clause) to perform their contracts . . . , provided such cause is beyond Seller's control." The United States Defense Department "jawboned" or informally demanded the Defendant into filling their orders for airplanes first. They did so with a subtle threat that if they did not comply a formal directive would be issued under the Defense Production Act (the "D.P.A."), which consequently would give the government's orders priority. Because the Defendant had to fill the government's orders first, the Plaintiff's orders were delayed. The trial court awarded the Plaintiff substantial damages and the Defendant appealed.

Only StudyBuddy Pro offers the complete Case Brief Anatomy*

Access the most important case brief elements for optimal case understanding.

*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue

  • The Brief Prologue provides necessary case brief introductory information and includes:
  • Topic:

    Identifies the topic of law and where this case fits within your course outline.
  • Parties:

    Identifies the cast of characters involved in the case.
  • Procedural Posture & History:

    Shares the case history with how lower courts have ruled on the matter.
  • Case Key Terms, Acts, Doctrines, etc.:

    A case specific Legal Term Dictionary.
  • Case Doctrines, Acts, Statutes, Amendments and Treatises:

    Identifies and Defines Legal Authority used in this case.
  • The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
  • Brief Facts:

    A Synopsis of the Facts of the case.
  • Rule of Law:

    Identifies the Legal Principle the Court used in deciding the case.
  • Facts:

    What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.
  • Issue(s):

    Lists the Questions of Law that are raised by the Facts of the case.
  • Holding:

    Shares the Court's answer to the legal questions raised in the issue.
  • Concurring / Dissenting Opinions:

    Includes valuable concurring or dissenting opinions and their key points.
  • Reasoning and Analysis:

    Identifies the chain of argument(s) which led the judges to rule as they did.
  • The Brief Prologue closes the case brief with important forward-looking discussion and includes:
  • Policy:

    Identifies the Policy if any that has been established by the case.
  • Court Direction:

    Shares where the Court went from here for this case.

Your Law School
Success Begins Here

  • Case Briefs - the Socratic Savior! – Best in class and Largest Library of complete I.R.A.C. / C.R.E.A.C. Law School case briefs. Includes:
    • SmartBriefs® - Enhanced case briefs for optimal clarity
    • CaseCast® - Professor overviews of "What you need to know"
    • New MarginBrief® - A.I. - Powered for faster, more efficient case recall
  • Lessons - Professor delivered video for topic reinforcement
  • Outlines - Professor written - downloadable, amendable and includes test-taking tips and tools
  • Refresher Courses - Quick course reviews with interactive exercises
  • Quizzes and Exams - over 5,000 Multiple Choice and Essay questions all Professor curated and answered
  • Exam Prep Workshops - Delivered by Professors on how to disect, organize and answer law school exam questions
  • and so much more ...
Start your FREE Trial