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Contracts Keyed to Calamari
Sally Beauty Co. v. Nexxus Prods. Co.
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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:
On August 2, 1979, Best Barber & Beauty Supply Company, Inc. (“Best Barber”) entered into a contract with the Defendant, Nexxus Products Company (Defendant), under which Best Barber was appointed the exclusive distributor of Nexxus hair care products to hair stylists throughout Texas. The agreement contained a provision stating that termination of the distribution relationship could only occur on the anniversary date of the appointment of distributor and only with 120 days notice. In July 1981, the Plaintiff, Sally Beauty (Plaintiff), acquired Best Barber in a stock purchase transaction. Under this transaction, the Plaintiff was to succeed to all of Best Barber’s contractual rights and interests. However, the Plaintiff was a wholly-owned subsidiary of Alberto-Culver, a direct competitor of the Defendant’s. Defendant, therefore, terminated the distribution agreement. The trial court found that the distribution was not assignable because it was a personal services agreement.
- 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.