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Contracts Keyed to Knapp
Turner v. Benson
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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:
The Plaintiffs, Robert and Anna Turner (Plaintiffs), entered into a contract to sell their residence to the Defendants, Jerry and Janice Benson (Defendants). The purchase price was stated in the contract as $75,000. When the contract was made, the Defendants were aware that the Plaintiffs operated a day-care out of their home. The Defendants were also aware that the Plaintiffs planned to move to a smaller home because they planned to terminate their day-care business. After the Defendants secured financing, the Plaintiffs entered into a contract to purchase another home. The Defendants failed to show up at the closing and they never completed the transaction. The Plaintiffs brought suit for damages claiming: (i) loss of income from the day-care facility, (ii) interest on the payment due at closing, (iii) loss resulting from the forced sale of their vehicle to avoid foreclosure, (iv) advertising expenses to try to sell the property at auction, (v) charges for moves, (vi) commis sion difference on the resale of the property, (vii) plumping repairs, (viii) reissuance of insurance, (ix) utilities cost and (x) interest paid to mother on the loan. Approximately one year after the breach, the Plaintiffs were able to sell the residence for $76,000. Therefore, the suit was tried only on the damage claim. The trial court awarded special damages, except for loss of income from the day-care business. The Court of Appeals remanded the case to determine the proper measure of damages.
- 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.