Confirm favorite deletion?
Contracts Keyed to Knapp
Ray v. William G. Eurice & Bros., Inc.
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
Plaintiff decided to build a house and entered into negotiations with a number of builders, including Defendant. Following an estimate from Defendant, Plaintiff had plans for the house drawn up by an architect so as to get a final bid from Defendant. Plaintiff and Defendant discussed each item of the seven page specifications drawn up by Plaintiff’s architect. During the discussion, Defendant vetoed and changed some of the specifications. These changes were noted in green ink, and a copy of the specifications was given to Defendant to make a formal written bid. Defendant drew up a three page unsigned proposed contract which contradicted many of the specifications in the seven pages previously discussed by the parties. Plaintiff informed Defendant that his attorney would draw up the contract. Based on the seven page specifications and green ink changes, Plaintiff had the specifications rewritten into a five page “Memorandum Specifications”. The parties reviewed each item of the contract before signing. The parties later signed the reverse side of each page of the contract, five page specifications, and the plans. Just before construction was to begin, Defendant indicated that the house could not be built according to the five page specifications for the contract price. After several attempts, the parties were unable to work out their differences. Defendant refused to perform under the contract. Defendant claims that the contract drawn up by Plaintiff’s attorney was to be based on the three-page proposed contract and that the five page specifications were not physically attached to the contract when signed. Plaintiff states that while the specifications may not have been physically attached, the five page specifications were present and discussed at the signing.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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.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.
Topic Resources
5m 47s