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Contracts Keyed to Calamari
Kvassay v. Murray
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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:
The Plaintiff, Michael Kvassay d/b/a Kvassy Exotic Food (the "Plaintiff") was a producer of Baklava. The Defendants were, Mr. & Mrs. Murray and Great American Foods, Inc., the Murray's alter ego, ("Great American")(collectively referred to as the "Defendants"). The Plaintiffs alleged that the Defendants breached a contract dated February 22, 1984 to purchase 24,000 cases of baklava for $19.00 per case. Great American was the Plaintiff's only customer. A liquidated damage clause was included in the contract and read: "If Buyer refuses to accept or repudiates delivery of the goods sold to him, under this Agreement, Seller shall be entitled to damages, at the rate of $5.00 per case, for each case remaining to be delivered under this Contract." After about only 3,000 cases were produced, the Plaintiff stopped producing the baklava because the Defendants stopped purchasing it. The trial court held that liquidated damages could not be recovered because the amount was unreasonable.
- 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.