Commercial Law Keyed to Lopucki
Wilbur v. Toyota Motor Sales, U.S.A
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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:
Appellant purchased a Toyota Camry from Tri-Nordic Toyota. Prior to purchase Tri-Nordic informed Appellant that the car in question was used as a demonstrator and had been involved in an accident. Tri-Nordic assured Appellant that the damage had been fixed and the car retained no structural damage. When Appellant purchased the car she received a copy of Appellee’s “New Vehicle Limited Warranty” which stated that the warranty went into effect on the date the car was put “in service.” The warranty also stated that any repairs and adjustments required as a result of an accident are excluded. After purchase Appellant discovered that the bars ABS braking system did not work among other problems. Appellant took the car to several dealerships for repairs. Each time the dealership refused to honor the warranty because the car had sustained structural damage in an accident. Appellant filed suit. The district court held that because the damage from the accident was excluded form covera ge under the warranty as a matter of law, Appellee rightfully refused to repair Appellant’s car.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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