Contracts Keyed to Burton
Cloud Corp. v. Hasbro Inc.
Defendant, Hasbro Inc., sold a toy that requires the use of a specific powder. Plaintiff, Cloud Corp., packaged and mixed this substance for Defendant, pursuant to the instructions developed by Defendant. Also, Defendant sent Plaintiff a form with the terms and conditions, which indicated that Plaintiff could not violate the terms and conditions, absent written consent. Later, Defendant’s toy began to lose popularity in the market, and Defendant sent the final purchase orders to Plaintiff, who placed the final orders for the powder ingredients. Before the final purchase orders could be given to Plaintiff, Defendant gave Plaintiff a new formula for the powder mixture. The new mixture eliminated one of the expensive ingredients, Laponite. Plaintiff packed and mixed the powder, pursuant to the new formula. Nevertheless, because Plaintiff ordered the powder ingredients, pursuant to the old formula, Plaintiff had extra Laponite. Moreover, Plaintiff used the extra ingredients to pre-package and pre-mix additional packets. Plaintiff sent an order to acknowledge the original orders, which included the additional packages, even though Plaintiff never received a purchase order for the additional packages. Defendant received the acknowledgment order, but did not respond in an express manner. Nevertheless, Defendant’s employee sent an email and spoke on the phone with Plaintiff about the terms of the agreement. The emails contained numbers, which were consistent with Plaintiff’s order numbers, along with a memorandum written and signed by Defendant’s employee. Thereafter, Defendant refused to accept delivery or payment for the additional packages. Plaintiff filed suit for breach of contract against Defendant. The trial court ruled in Defendant’s favor, and Plaintiff appealed.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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.
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.