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Commercial Law Keyed to Lopucki
Peerless Packing Co. v. Malone & Hyde, Inc
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*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. Review the Facts of this case here:
Appellee contracted to sell a store to John Kizer, (Kizer). Appellee agreed to sell inventory and equipment, sublease the store, and allow the use of its trade name in exchange for a promissory note for approximately $387,000 plus interest. Kizer took over the store selling goods out of inventory as well as those supplied by Appellant on credit. After about a year, Appellee determined that the store was not successful. When two checks were returned for insufficient funds, Appellee presented Kizer with a Notice of Default and Transfer of Possession Agreement. Under the agreement, Appellee would retake ownership of the store, its equipment and inventory and in exchange release Kizer from liability. Appellee resumed ownership of the store and notified Appellants that it had realized on its security interest in the store’s assets without assuming any liability to third parties and would not pay any invoices for delivery prior to its resumption of ownership. Appellants sued Appelle e on the unpaid accounts on the theory of unjust enrichment.
- 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.