Confirm favorite deletion?
Contracts Keyed to Calamari
Burger King Corp. v. Family Dining, Inc.
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. Review the Facts of this case here:
The Plaintiff, Burger King Corp. (the "Plaintiff") franchises their Burger King Restaurants. The Defendant, Family Dining, Inc. (the "Defendant"), operated ten Burger King Restaurants in Bucks and Montgomery Counties, in Pennsylvania. The parties entered into the "Burger King Territorial Agreement" (the "Territorial Agreement") on May 10, 1963. In the Territorial agreement, the Defendant was made the Plaintiff's sole licensee and granted an "exclusive territory" in Bucks and Montgomery Counties. The Defendant was required to open one restaurant a year for ten years and throughout the next 80 years maintain ten restaurants. There was a set schedule in the agreement specifying when the ten restaurants had to be opened. If they did so, the Defendant would keep its "exclusive territory", but if they did not Burger King could open restaurants in the "exclusive territory". The Defendant opened the first restaurant on August 16, 1963, 9 months early, but the next two on July 2, 1965 and October 19, 1966, respectively two and four months late. The fourth restaurant was over a year late. As a result of the failure to abide by the schedule, the parties entered into a Modification of the Territorial Agreement (the "Modification"). The Plaintiff, in the Modification, agreed to waive the Defendant's compliance with the original building schedule. There is no indication the Plaintiff received anything of value for entering into the Modification. The fourth restaurant was finally opened on July 1, 1968, 14 months late. The sixth restaurant was opened a month late, but the seventh ahead of schedule. The Plaintiff began to grow at a fast rate and realized that the Defendant's territory could sustain more than ten restaurants. On October 7, 1970, the eighth restaurant was opened ahead of schedule and the Plaintiff had approved the sites for the last two locations. However, construction of the ninth and tenth restaurants was way behind schedule. Due to this tardiness the Plaintiff sent the Defendant a letter informing them they were in default. The Defendant learned that the Plaintiff thought it was in default on November 6, 1973. Nonetheless, the Defendant informed the Plaintiff on or about May 15, 1975 that it was going to open the ninth location. In response, the Plaintiff sued seeking a preliminary injunction enjoining the use of Burger King's trademarks. Additionally, the Plaintiff sought declaratory relief that the exclusivity provision was no longer valid. The Defendant moved for involuntary dis¬missal.
- 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.