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Contracts Keyed to Calamari
Plantation Key Developers, Inc. v. Colonial Mortgage Co. of Indiana, Inc.
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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, Plantation Key Developer, Inc. (the "Plaintiff"), is a builder of condominiums. The Defendant, Colonial Mortgage Co. of Indiana, Inc. (the "Defendant"), is the Plaintiff's permanent lender. A dispute arose under a loan arrangement between the Plaintiff and the Defendant, in which the Defendant promised to provide mortgage funds to the purchasers of Plaintiff's condominiums from 1973 to 1975. There was a three-phase process involved. First, The Defendant agreed to provide mortgage money through December 31, 1974 at the rate the rate of 9% plus 3 ½ points. Second, the Defendant had the option to extend the agreement for six months "with adjustments in interest and points made if market conditions so demand." Third, the Defendant had a second six-month option to extend its commitment, based on the same market based adjustment as in number two. The Plaintiff paid a nonrefundable commitment fee of $60,000. If the Defendant exercised either six month option, the Plaintiff agreed to pay the Defendant $30,000 each time. A dispute arose with regard to the Defendant's adjustment of the interest rates and points during the first extension – January 1, 1975-July 1, 1975. The Defendant proposed increasing the interest rate to 9 ¾ % and charging 9 points. The Plaintiff refused to pay the required $30,000 for these terms and brought suit.
- 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.