Contracts Keyed to Calamari
Pacific Gas and Electric Co. v. G.W. Thomas Drayage & Rigging Co.
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
Defendant entered into a contract with the Plaintiff to furnish the labor and equipment necessary to remove and replace the upper metal cover of Plaintiff’s steam turbine. Defendant agreed to perform the work at its own expense and risk and to indemnify Plaintiff against any loss, damage and liability resulting from injury to property arising out of the performance of the contract. During work the cover fell and damaged the exposed rotor of the turbine. Plaintiff brought action to recover for repairs in the amount of $25,144.51. During the trial it dismissed a count based on negligence and secured judgment on the theory that the indemnity provision covered injury to all property regardless of ownership. Defendant offered evidence to prove that the indemnity clause covers injury to property of third parties only and not to Plaintiff’s property. The trial court held that the plain language of the agreement also required defendant to indemnify Plaintiff for injuries to Plaintiff’s property. The co urt refused to admit extrinsic evidence that would contradict its interpretation.
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.
- 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.
Topic Resources