Commercial Law Keyed to Lopucki
Design Data Corp. v. Maryland Casualty Co
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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:
Plaintiff sold a “Hewlitt Packard 7586B Roll-Feed 8-Pen Drafting Plotter” to HHB. Plaintiff arranged for shipment of this product to HHB by carrier. When the product arrived it appeared to be damaged. Shortly thereafter, the president of HHB and Plaintiff’s representative tried to get the product to work unsuccessfully. Plaintiff agreed to replace the product. Plaintiff then filed a claim with its insurance company, Defendant. Defendant denied the claim. Defendant stated that it would not cover any equipment that Plaintiff did not own. Because Plaintiff had delivered the product to the buyer who had accepted it, the risk of loss passed to the buyer and Plaintiff had no insurable interest at the time the damage was discovered.
- 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.