Contracts Keyed to George
Carmichael v. Adirondack Bottled Gas Corp.
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- 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.
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- 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.
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- 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:
Adirondack Bottled Gas Corporation (Adirondack) (defendant) provided Philip and Janet Carmichael's (plaintiff) oil gas distributorship with propane and other fuel that was then sold to the Carmichaels' clients. Incorporated into the agreement amongst Adirondack and the Carmichaels was a "key man" condition which gave that the supply contract ended naturally upon the demise of Philip or any adjustment in the administration or responsibility for Carmichaels' business. Several years later, Philip died, triggering the key man provision. From that point, Adirondack kept on providing Janet's business with fuel while making a few offers to buy the Carmichaels' business for approximately half its value. Each time an offer was made, Janet refused. Subsequently, a lawyer for Adirondack educated Janet that it would never again supply the fuel items. Therefore, Janet was compelled to lay off her representatives, sell most of the company’s assets, and her clients went without propane. After the parties wrapped up the execution of specific commitments required under the agreement, Janet recorded suit against Adirondack for breach of bad faith and fair dealing among other claims. After a trial, a jury held for Janet and granted her $60,000 in compensatory harms and $100,000 in punitive damages. Adirondack appealed.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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