Contracts Keyed to Knapp
Zapata Hermanos Sucesores, S.A. v. Hearthside Baking Co
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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:
Defendant contracted to buy tin cans from Plaintiff. After Defendant fell behind in its payments, Plaintiff refused to make further delivery until its account was brought up to date. At that point, Defendant threatened that Plaintiff would not be paid if it stopped shipment, and Plaintiff was forced to bring suit to recover over $800,000 in past due invoices. Plaintiff additionally made a claim for attorneys’ fees, based on the fact that it was forced to litigate as its only means of recover. Defendant acknowledged the debt, but relied on the American rule, which precluded the payment of attorneys’ fees to Plaintiff as a non-recoverable damage. Plaintiff countered, arguing that it was forced to litigate due to Defendant’s bad faith and was entitled to attorneys’ fees.
- 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.