Contracts Keyed to Fuller
T. W. Oil, Inc. v. Consolidated Edison 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:
T.W. Oil, Inc. (Plaintiff) purchased a cargo of oil, the sulfur content of which was represented as no greater than 1%. While the shipment was en route, Plaintiff received a certificate from the refinery at which the oil had been processed identifying the sulfur content as 0.52%. Plaintiff then entered into a contract with Consolidated Edison Co. (Defendant) for sale of the oil. The contract listed the sulfur content at 0.5%. Plaintiff also learned that Defendant was authorized to use oil with a sulfur content of up to 1%. When the shipment arrived, testing revealed the sulfur content as 0.92%, and Defendant rejected the shipment. When negotiations to adjust the price failed, Plaintiff offered to cure the defect with a conforming shipment, but Defendant rejected the offer, and Plaintiff sued for breach of contract. The trial court ruled in favor of Plaintiff. 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.