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Contracts Keyed to Dawson
Brian Construction & Development Co. v. Brighenti
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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 Defendant signed a subcontract with the Plaintiff under which he promised to perform “all Excavation, Grading, Site Work, etc.” After commencing excavation, the Defendant discovered considerable debris below the surface that neither he nor Plaintiff had been aware of, necessitating much more work than contemplated. Under the contract and subcontract, no extra work could be performed without authorization, which could not be obtained. The Defendant ceased working, and Plaintiff entered into an oral agreement with the Defendant that he would pay for his costs of removing the unanticipated rubble, plus 10%. The Plaintiff put the terms into writing and signed, but the Defendant never signed and returned the letter. The Defendant did return to work for a while, and then left the job unfinished. The Plaintiff completed his own contract with the owner, and suffered considerable damages.
- 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.