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Contracts Keyed to Jimenez
Filanto, S.p.A. v. Chilewich International 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:
Filanto, S.p.A. (Filanto) (plaintiff), an Italian shoe maker, consented to sell a substantial number of boots to Chilewich International Corporation (Chilewich) (defendant), a New York export-import firm, to be sent to Moscow. Preceding making the agreement with Filanto, Chilewich had entered an agreement committing Chilewich to send boots to a Russian company. The Russian contract incorporated an understanding expecting disputes to be mediated in Moscow. The Filanto-Chilewich contract was then commenced by a memorandum agreement sent from Chilewich to Filanto with respect to two shipments of boots to Russia, expressing that the Russian contract's terms would represent the agreement amongst Chilewich and Filanto. Five months after Chilewich sent the memorandum agreement, and two months after Chilewich opened a line of credit for Filanto on the agreement, Filanto signed and returned the memorandum agreement with a note expressing that Filanto saw just three parts of the Russian contract to apply to the Filanto-Chilewich contract. A debate emerged between the parties, and Filanto documented suit against Chilewich. After filing, however, Filanto sent a letter to Chilewich that relied on a Russian contract agreement that was not one of the three parts Filanto accepted to dispute Chilewich’s claim that some of the boots were in poor condition. Chilewich contended that the Russian contract framed only part of the Filanto-Chilewich contract, with the end goal that the dispute had to be mediated in Moscow. Filanto moved to order arbitration or to rather hold arbitration proceedings in New York.
- 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.