Confirm favorite deletion?
Contracts Keyed to Kuney
Industrial Representatives, Inc. v. CP Clare Corp.
Facts
CP Clare Corporation (CP Clare) (defendant) contracted Industrial Representatives, Inc. (IRI) in 1991 to request orders for CP Clare's items in the Midwest, as CP Clare was too little at that time to help its own committed deals staff. By 1994, CP Clare's yearly deals in the Midwest had surpassed $6,000,000. The parties' agreement required CP Clare to give 30 days' notice to IRI before ending its agreement and to pay IRI commissions on all items requested before the end date that was conveyed inside 90 days of the notice. CP Clare gave 42 days' notice to IRI in October 1994 and paid the required commissions for 90 days. IRI sued CP Clare, looking for commissions on all items for five years after the termination date, plus $5,000,000 in punitive damages. The district court dismissed the complaint about failure to state a claim upon which relief could be granted. IRI appealed.
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.