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Contracts Keyed to Farnsworth
Kanavos v. Hancock Bank & Trust Co
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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 entered into a contract with Defendant for a right of first refusal on shares of stock in a real estate enterprise. Without giving Plaintiff notice and an opportunity to purchase the shares, Defendant sold the shares to a third party. At all relevant times, Plaintiff was experiencing financial difficulty. Plaintiff sued for breach of the agreement. In its defense, Defendant argued that the Plaintiff was not ready, willing, and able to perform (i.e., exercise the option) within the time specified in the contract. The trial court held that Plaintiff’s ability to pay the purchase price for the shares was not material to the question of whether he could recover damages, and the jury rendered a verdict in favor of the Plaintiff. The Supreme Judicial Court of Massachusetts held that Plaintiff’s ability to perform his obligation under the contract was material to the action, and remanded the case for a determination on that issue.
- 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.