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Contracts Keyed to Barnett
Bush v. Canfield
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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:
Canfield (Defendant) and Norton & Bush (Plaintiff), a partnership, agreed that Defendant would deliver flour to Plaintiff. According to their contract, the price of flour would be $7 per barrel at the time of delivery. Plaintiff paid Defendant in advance $5,000 for the flour and agreed to pay the rest later. After Defendant failed to deliver the flour, Plaintiff brought suit for damages. At trial, evidence showed that the price for flour was $5.50 per barrel at the time they entered into a contract. The trial court instructed jury to calculate damages as the amount Plaintiff paid in advance plus interest if the jury found in favor of Plaintiff. After the jury returned a verdict for $6,771, Defendant petitioned for a new trial to the Supreme Court of Errors.
- 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.