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Commercial Law Keyed to Lopucki
Kaiser-Francis Oil Co. v. Producer’s Gas Co
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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:
In a contract between Plaintiff and Defendant, Defendant was required to pay for certain quantities from wells in which Plaintiff had an interest. When the resale price of gas decreased, the Defendant did not pay the Plaintiff because he was paying the Plaintiff’s co-owners at reduced prices. Defendant also declined to pay Plaintiff for the small amount of gas taken. The district court granted summary judgment on the issue of liability in favor of Plaintiff. The parties then stipulated to the appropriate damages, interest, and attorney’s fees. Defendant argues on appeal that the force majeure provision in the contract extends to a partial lack of demand caused by market forces; the gas to be supplied by Plaintiff failed to meet the quality specification of the contract; Defendant was not purchasing gas from Plaintiff but rather from Plaintiff’s co-owner; and any take-or-pay payments required under the contract violate ceiling prices set by the Natural Gas Policy Act.
- 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.