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Contracts Keyed to Dawson
Louise Caroline Nursing Home, Inc. v. Dix Construction Corp.
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- 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 parties submitted the case to an auditor, who determined that the Nursing Home had fulfilled all of its contractual obligations to Dix, and that Dix had breached the contract by failing to complete the contract within the time agreed. However, there were “no compensable damages” as a result of the breach because the Nursing Home’s cost to complete the facility was within the contract price, less what had been paid to Dix. The Nursing Home objected that the “no compensable damages” test was incorrect, and that the proper rule was the difference between the value of the building as left by Dix and what the value would have been if the contract was fully performed. The Nursing Home also contended it was entitled to recover damages for the delay in construction.
- 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.