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Contracts Keyed to Farnsworth
Cundick v. Broadbent
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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 and Defendant each signed a one-page, handwritten contract wherein Plaintiff agreed to sell to Defendant all of his ranching properties. Plaintiff and his wife then took the contract to their lawyer, and the lawyer expanded the agreement into an eleven-page document, which the parties signed. The agreement was later amended, with a lawyer’s help, to increase the amount Plaintiff would receive and in another respect benefiting Plaintiff. Under the amended agreement, the purchase price was, according to experts, substantially lower than it should have been based on the value of the property being sold. Plaintiff continued to execute documents to carry out the sale. At the time when the purchase price had been paid and the sale was nearly complete, Plaintiff sought to rescind the contract. Plaintiff’s wife, as his guardian ad litem, asserted that Plaintiff was mentally infirm and Defendant knowingly took advantage of him.
- 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.