Contracts Keyed to Ayres
First Hawaiian Bank v. Zukerkorn
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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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- 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:
Defendant borrowed $6,394 from Plaintiff on November 22, 1965 and then $2,500 on September 23, 1966. He made no payments on either loan. On August 6, 1973, Defendant obtained an automobile purchase loan from Plaintiff. He paid it off on April 6, 1976. Around December 11, 1975, Defendant applied for a credit card from Plaintiff. Plaintiff informed Defendant that he owed money on an “old account” and that the credit card would be issued only if Defendant promised to pay $100 a month on that old account. Defendant agreed and received the credit card. Defendant denied that Plaintiff ever informed him that the “old account” referred to the 1965 and 1966 loans or that he agreed to specifically repay those loans. Defendant also denied paying $200 in cash at the time of the agreement. Both parties do agree that after December 1975, Defendant made payments on the automobile loan and on his credit card and, pursuant to the disputed agreement, several small payments over three months in 1976. On March 3, 1978, Plaintiff sued Defendant on the 1965 and 1966 loans and on the balance due on his credit card account. The trial court entered summary judgment for Plaintiff on all three claims. Defendant appealed.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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