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Contracts Keyed to Fuller
Mayol v. Weiner Companies, Ltd.
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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:
Mayol (Plaintiff) signed a contract to purchase real estate from Somers (Defendant). Weiner Companies, Ltd. (Defendant) aided Defendant as a sales agent. One of the conditions of the offer stated that possession of the property is “subject to tenant’s rights.” After signing the contract with Defendant and receiving a copy of the current tenant’s lease, Plaintiff learned for the first time that the tenant had an option to purchase the property. Plaintiff thereafter refused to purchase the real estate and sued for $1,000.00 held in escrow. Due to the ambiguity of the relevant provision of the contract, the trial court considered extrinsic evidence and determined that Plaintiff agreed to purchase the property subject to all the tenant’s rights contained in the lease, including the option to purchase. The trial court awarded Defendant the $1,000.00 as damages for Plaintiff’s breach of contract. Plaintiff 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.