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Contracts Keyed to Ayres
Broadley v. Mashpee Neck Marina, 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 docked his boat at the Defendant’s marina. He was permanently injured when his foot was caught in a gap between the main dock and a floating dock. Plaintiff brought suit, alleging negligence, despite a clause in the seasonal mooring contract that precluded boat owners from making any claims against Defendant “arising out of any damage, loss, personal injury or death” the owners suffered. Defendant argued that the contract clause barred Plaintiff’s suit. Plaintiff claimed that because admiralty law governed the contract, that law only allowed parties to limit liability for ordinary negligence, but not to eliminate it entirely. He also argued that the clause was overbroad and unenforceable because it would preclude a finding of liability even for gross negligence, although he conceded that his injuries were not caused by Defendant’s gross negligence. The trial court reformed the exculpatory clause to limit it to ordinary negligence. As a bar to claims of ordinary negligence, the clause then operated to preclude Plaintiff’s claim and the court granted summary judgment in favor of Defendant. 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.