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Contracts Keyed to Dawson
Van Wagner Advertising Corp. v. S & M Enterprises
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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:
Van Wagner’s lease was for billboard space on the eastern exterior wall of a building on East 36th Street, which faced an exit ramp of Midtown Tunnel and was viewable to vehicles entering Manhattan. The original Lessor sold the building to S&M, and S&M notified Van Wagner that it was terminating the contract, pursuant to §1.05 of the lease. Van Wagner abandoned the space under protest, and commenced this action for specific performance and damages. The Trial Term concluded that only the original Lessor, and not the future purchaser (S&M) could terminate the lease at will. It declared the lease valid and subsisting and found that the space was a unique location, but did not award specific performance because it found Van Wagner had an adequate remedy at law—the lost revenue’s on its sublease for the billboard space for the period through the trial. 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.
- 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.
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