Civil Procedure Keyed to Marcus
Mason v. American Emery Wheel Works
Facts
In its answer, Defendant raised as a defense, a lack of privity. When evidence at trial showed that the emery wheel had passed through several owners before it was sold to Plaintiff’s employer, the trial court granted Defendant’s Motion to Dismiss on the ground that Mississippi still required privity to sue a manufacturer for such injuries. This decision was supported heavily by the court’s conclusions, approximately thirty years previously in Ford Motor Co. v. Myers, 151 Miss. 73, 117 So. 362 (1928). In that decision, the court held that a manufacturer was not liable for negligence in the manufacture of appliances, which could and would become highly dangerous when put to the uses for which they are intended, when there is no privity of contract between the user and the manufacturer.
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.