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Contracts Keyed to Knapp
Totem Marine Tug & Barge, Inc. v. Aleyska Pipeline Service Co
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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.
- 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:
Plaintiff contracted with Defendant to transport pipeline construction materials from Houston, Texas, to a designated spot in Southern Alaska. From the outset of the operations Plaintiff encountered numerous difficulties which severely delayed performance of the contract. Plaintiff was originally supposed to load between 1,800 to 2,100 tons at Texas, and perhaps pick up another 6,000 to 7,000 tons along the way. Upon arriving in Texas, however, Plaintiff found that it was to load about 6,700 to 7,200 tons of pipe which was poorly loaded and stocked. Although Plaintiff was only supposed to take 3 days to load the pipe, it took them nearly thirty days. Plaintiff continued to encounter difficulties on its way up the coast of California and due to the increased load it was carrying, it was forced to weight three more days for a second tug boat which would assist in carrying the increased load. Defendant required Plaintiff to dock instead in San Pedro, California, where the vessels which had been carrying the pipeline were unloaded without Plaintiff’s consent. Defendant then cancelled the contract refusing to give a reason for termination. Plaintiffs presented Defendant with an invoice with charges of $260,000 to $300,000. Plaintiff alleged that it was in urgent need of cash, and that if it didn’t soon pay off its bills, it would have had to declare bankruptcy, and that Defendant, who had knowledge of Plaintiff’s financial troubles, deliberately stalled on payment in order to reach a settlement. Plaintiff eventually agreed to release Defendant from all liability in exchange for $97,500. Plaintiff then brought suit to rescind the amended agreement and to recover the balance allegedly owed on grounds of economic duress. The Trial Court granted Defendant’s motion for summary judgment and Plaintiff’s appealed.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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.
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