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Commercial Law Keyed to Lopucki
Delchi Carrier SpA v. Rotorex Corp
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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:
Defendant manufactures compressors. Plaintiff, an Italian corporation purchased compressors from Defendant for use in Plaintiff’s air conditioners after reciging a sample compressor from the company and accompanying written performance specifications. The compressors were scheduled to be delivered in three shipments before May 15, 1988. Plaintiff discovered that the first shipment did not conform while the second was en route. The non conformity resulted in lower cooling capacity and consumed more power than the sample model and specifications. After several attempts to cure, Plaintiff requested Defendant supply new compressors conforming to the original sample and specifications. Defendant refused stating the sample compressors were inadvertently communicated to Plaintiff. Plaintiff canceled the contract and filed this action under the CISG.
- 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.