SmartBrief
0
Confirm favorite deletion?
Contracts Keyed to Frier
Will H. Hall & Son v. Capitol Indemnity Corp.
Citation:
260 Mich.App. 222, 677 N.W.2d 51Facts
Will H. Hall & Son (hereinafter “Hall & Son”) (plaintiff) was the general contractor for a government construction project. Ace Masonry (hereinafter “Ace”) was the subcontractor for the same project. The project required Ace to furnish a performance bond that was intended to protect Hall & Son in case Ace failed to perform. Capitol Indemnity Corporation (hereinafter “Capitol”) (defendant) issued the performance bond for Ace. The project was never completed due to a dispute between Hall & Son and Ace. Hall & Son filed a complaint against Ace, alleging breach of contract, fraud, and misrepresentation. Hall & Son also included a claim against Capitol, seeking to recover on the performance bond. Hall & Son reached a settlement on its claims with Ace, while continuing to litigate its claim against Capitol.
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.
Topic Resources
Topic Outline 