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Contracts Keyed to Knapp
Chen v. Chen
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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:
Richard Chen (Father (D)) (P) and Wheamei Chen (Mother (P)) (P) divorced when their children were still kids. They had a son and a Daughter together. The Daughter’s name was Theresa. The property settlement agreement (Agreement) entered into stipulated that Father (D) was to pay $25 per week for the upkeep of his Daughter, who at this time was just a year old. The condition attached to this was that the Father (D) would increase this amount upon obtaining regular employment and as his salary increased in accordance with the county’s domestic relations guidelines. This Agreement was not merged with the divorce decree but was incorporated just as a reference.The Father (D) made payment of $25 for his Daughter’s upkeep as stipulated in the Agreement until she was 18 but did not increase this payment in accordance with obtaining regular employment and salary increase. As Theresa clocked 18, her Mother (P) was informed by the county that support payments would stop. In response to this, a petition on findings of contempt of court and enforcement of property settlement was filed by the Mother (P) against her former husband. The Mother (P) sought to enforce the Agreement provisions on the increase in child support arising from obtaining regular employment and increase in salary for the past 18 years and to collect the shortfalls of payment over the years.Her Daughter also filed a petition to intervene as a third party intended beneficiary under the Agreement as she turned 18. The trial court, applying case law that relied on Restatement (Second) of Contracts S 302 which stipulates that” a beneficiary is an intended beneficiary if recognition of a right to performance in the beneficiary will effectuate the intentions of the parties and the circumstances indicate that the promisee intended to give the beneficiary the benefit of the promised performance”, held that the Daughter had the right to intervene in the case.Subsequently, Mother (P) withdrew from the case as a party, leaving Daughter and Father (D) as party-opponents. In giving judgment, the court held that the Father (D) breached the contract and asked him to pay $59,000 in arrearages due under the agreement to his Daughter. On appeal, the state’s intermediate court ruled in favor of the Daughter and affirmed the ruling of the trial court on the ground that the Father (D) breached the support provisions of the Agreement. Therefore, the Father (D)’s argument that his Daughter had no direct right to the payment but only to her parents’ support was rejected by the court. However, the state’s highest court granted review.
- 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.