Contracts Keyed to Murphy
Weaver v. American Oil Co
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- 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.
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- 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:
Plaintiff’s employees sprayed gasoline over Defendant and his assistant causing them to be burned. Plaintiff presented a printed form contract as a lease to be signed by the Defendant which contained a “hold harmless” clause which provided that the lessee operator would hold harmless and also indemnify the oil company for any negligence of the oil company occurring on the leased premises. Plaintiff initiated this action for a declaratory judgment to determine the liability of appellant under the clause in the lease. The trial court held appellant liable under the lease. The appellate court held the exculpatory clause invalid but the indemnifying clause valid.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.