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Commercial Law Keyed to Lopucki
Krell v. Henry
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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:
Plaintiff and Defendant entered into a contract for the Defendant to rent a flat to watch the coronation of the King. Defendant was induced to contract by an announcement in the window of Plaintiff’s flat renting windows to view the coronation. The contract, however, did not have any express reference to the coronation. The coronation never took place since the King became ill, therefore, Defendant refused payment. Plaintiff sued for the remaining money due under the contract. Defendant denied liability and counterclaimed for the 25 pounds previously paid on the theory that the coronation did not take place, and, thus there was a total failure of consideration for the contract entered into. The lower court found that there was an implied condition in the contract that the coronation should take place and found for the Defendant on liability and the counterclaim. Plaintiff appealed.
- 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.