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Contracts Keyed to Knapp
Empire Gas Corp v. American Bakeries
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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:
Due to increased prices in petroleum, Defendants entered into a requirements contracts to purchase three thousand gas conversion units, which would have allowed Defendant’s fleet of trucks to operate on less expensive propane gas. For reasons unexplained, Defendant decided not to purchase any units at all, from either Plaintiff or any other manufacturer. Plaintiff sued Defendant for the estimated cost of the purchase price of the units. The Trial Court awarded judgment in favor of Plaintiff, holding that U.C.C. Section: 2-306(1) prevented Defendant from requesting an amount unreasonably disproportionate to the original request of three thousand units. In an opinion by Judge Posner, the Seventh Circuit overruled, holding that U.C.C. Section: 2-306(1) only prevented a buyer from demanding more units than the buyer had originally sought. This was to prevent the buyer from going into competition from the seller by taking advantage of a favorable price. The Court of Appeals held that if a buyer buys less, or even if the buyer completely fails to buy, then the Court should examine whether such reduction was done in bad faith or not.
- 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.