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Contracts Keyed to Fuller
Aiello Const., Inc. v. Nationwide Tractor Trailer Training and Placement Corp.
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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:
In 1973, Nationwide Tractor Trailer Training and Placement Corp. (Defendant) contracted to have Aiello Construction, Inc. (Plaintiff) level a gravel yard for use in Defendant’s business. The contract provided that Defendant would pay Plaintiff a sum of $33,000 in five monthly installments of $6,600 each. Defendant paid the first installment but did not pay any additional installments. However, Defendant made a series of partial payments that, when combined with the first installment, totaled $10,500. Plaintiff sued to recover damages from Defendant. The trial judge awarded damages to Plaintiff based on reimbursement for expenditures already made, minus Defendant’s previous payments. Additionally, the trial judge awarded Plaintiff the profits it would have realized for full performance plus interest. The total sum of damages awarded to Plaintiff was $16,800. Defendant appealed.
- 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.