Confirm favorite deletion?
Contracts Keyed to Calamari
American Brands, Inc. v. Playgirl, 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, American Brands, Inc. (the "Plaintiff"), entered into a contract on January 26, 1973 with the Defendant, Playgirl, Inc. (the "Defendant"), to advertise on the back cover of the Defendant's Magazine for a period of 12 months. Certain language in the contract seemed to say that the Plaintiff had the right to advertise on the back cover of the Defendant's magazine for as long as they wanted or into perpetuity, and could cancel the contract whenever they wanted without penalty. The Defendant informed the Plaintiff in two letters dated September 25, 1973 and December 3, 1973, it was against their policy to "afford and advertiser 'a position of protection in perpetuity' " and that it wished to diversify its back cover. The Plaintiff sought injunctory relief from the district court. The district court denied the relief saying that a damage remedy is appropriate and that the Plaintiff could advertise on the back cover of another periodical and calculate damages accordingly.
- 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.