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Civil Procedure Keyed to Cound
Tanbro Fabrics Corp. v. Beaunit Mills, Inc
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- 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.
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- 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. Review the Facts of this case here:
Beaunit, seller and Plaintiff, sued Defendant, Tanbro, for recovery of money for goods sold and delivered to Tanbro. Tanbro counterclaimed for breach of warranty, claiming the goods were defective because they suffered from “yarn slippage.” Beaunit denied the goods were defective. Tanbro brought an action against Amity, the processor, in replevin to recover a portion of the goods. Amity counterclaimed for money owed and asserted an artisan’s lien on the goods. Amity alleged that the defect in the goods was the fault of Beaunit and Beaunit alleged that the defect was the fault of Amity. Tanbro sued Beaunit and Amity alleging that the goods were defective due to yarn slippage and it was due to the fault of Amity, Beaunit or both. Amity and Beaunit moved to dismiss due to the other pending lawsuits. Tanbro moved to consolidate the proceedings. The motion to consolidate was denied and Beaunit’s cross-motion to dismiss was granted.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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