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Contracts Keyed to Farnsworth
K & G Construction Co. v. Harris
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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:
Plaintiff subcontracted with Defendant to provide excavation work for a housing development. Payment for Defendant’s work was to be made in installments. The contract further provided that Defendant would carry adequate insurance, and would perform the work in a satisfactory manner. One of the excavations caused a wall to collapse. Defendant and his insurer refused to pay for the damage. Plaintiff was otherwise satisfied with Defendant’s work for several months. When Defendant submitted a bill for payment, Plaintiff refused to pay because he had not been compensated for the bulldozer damage. Defendant continued work for another month, after which time it stopped excavation because Defendant had not been paid. Plaintiff was forced to hire another subcontractor to complete the work, and sued Defendant for the bulldozer damage and the increased cost of hiring another subcontractor. The Defendant counterclaimed for the work not paid for, and for lost profits. The trial court found in favor of the Defendant in the contract suit, and Plaintiff appealed. The Court of Appeals of Maryland reversed.
- 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.