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Contracts Keyed to Knapp
Hines v Overstock.com, Inc.
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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:
Hines (P) returned a vacuum cleaner she had bought from an on-line “closeout” retailer named Overstock.com, Inc. (Overstock) (D) and was given back the amount in which she bought the vacuum cleaner with after a $30 restocking fee was effected. Due to this, Hines (P) brought a purported class action against Overstock (D) in the federal district court in New York for breach of contract, fraud, and other grounds, challenging the restocking fee. Her reason for returning the vacuum was based on the advice which she received that she would suffer no cost upon the return of the vacuum cleaner and that the fee that was deducted by Overstock (D) was never disclosed.According to Overstock (D), all its online purchases were governed by its terms and conditions and required that all disputes would be resolved through arbitration as well as a transfer to a different forum which was the state court in Utah. Hence, Overstock (D) prayed the court should dismiss the suit, stay for arbitration or transfer the suit. But Hines (P) argument was that she had no seen the terms and conditions when she had made the purchase of the vacuum cleaner and that a reasonable would have seen such terms and conditions, and as such, it was not enforceable. She further explained that the terms and conditions in question could only be seen by a user who scrolls down the page(s) and that there was no need for her to scroll down the pages because she was directed each step of the way to click on to a bar to take her to the next step to complete the purchase. The district court however ruled on the motion.
- 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.