Contracts Keyed to Dawson
Kel Kim Corp. v. Central Markets, 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 Plaintiffs were notified that their insurance would not be renewed, and they were unable to get the requisite insurance elsewhere as a result of the liability insurance crisis. They eventually secured insurance capped at $500,000, as no insurer would write a policy in excess of that amount on a roller skating rink. The Defendants sent a notice of default, directing that it cure within 30 days or vacate the premises. The Plaintiff brought this declaratory judgment action, urging that it should be excused from compliance because performance was impossible or because the inability to obtain insurance was within the lease’s force majeure clause. Special term granted Defendants’ motion for summary judgment and directed Plaintiff to vacate the premises, and the Appellate division affirmed.
- 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.