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Contracts Keyed to Dawson
American Trading and Production Corp. v. Shell Int’l Marine Ltd.
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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, American Trading and Production Corp. (the "Plaintiff"), and the Defendant, Shell International Marine, Ltd. (the "Defendant"), contracted on March 23, 1967 for the Plaintiff to deliver oil from Texas to India by way of the Suez Canal. The contract required the Defendant to charter the Plaintiff's "tank vessel, WASHINGTON TRADER" to transport the oil. The freight weight was to be "in accordance with the then prevailing American Tanker Rate Schedule ("ATRS"), $14.25 per long ton of cargo, plus seventy-five percent (75%), and in addition there was a charge of $.85 per long ton for passage through the Suez Canal." On May 26, 1967, the total freight was $417,327.36. On May 29, 1967, the Plaintiff was put on notice about an impending crisis and possible diversion in the Suez Canal, but despite this possibility, the Plaintiff continued on the same route. War broke out in the Middle East, and passage through the Suez Canal became impossible. Instead, the Plaintiff was forced to travel to Bombay via the Cape. Prior to traveling via the Cape, the Plaintiff reserved the right for extra compensation. The trip through the Cape added over 9,000 miles to the original voyage. As such, the Plaintiff billed the Defendant $131, 978.44 as extra compensation. The Defendant refused to pay and this suit followed. The Plaintiff argued that the closure of the Suez Canal made this trip impossible, but the trial court disagreed.
- 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.