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Contracts Keyed to Ayres
DTE Energy Technologies, Inc. v. Briggs Electric, Inc.
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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 is a Michigan corporation that sells electric generators. Defendant was an electrical subcontractor on a project in California who sent a Purchase Order to Plaintiff for the purchase of generators. 20 days later, Plaintiff emailed Defendant confirming the order. Almost a month later, Plaintiff sent Defendant an Order Acknowledgment that had, as an attachment, Plaintiff’s Standard Terms and Conditions for Sale. These terms contained a clause requiring that any disputes under the contract be adjudicated in a Michigan court, applying Michigan law. Eventually the two parties had disputes regarding an alleged delay in Plaintiff’s delivery and an alleged breach of contract and nonpayment by Defendant. Defendant sought mediation in California to resolve the disputes and Plaintiff sued in federal district court in Michigan for breach of contract and for a declaration that Plaintiff was not required to mediate the dispute in California based upon the forum-selection clause. Defendant claimed that the contract was formed when it sent the offer in the form of the Purchase Order which Plaintiff accepted through its conduct and that since Defendant had never agreed to the forum-selection clause, the federal court in Michigan had no jurisdiction. Plaintiff countered that the Order Acknowledgment and attached Standard Terms made up the offer, and that Defendant’s act of sending payment without objection to the terms constituted its acceptance of the offer, including the forum-selection provision.
- 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.