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Contracts Keyed to Murphy
DF Activities Corp v. Brown
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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:
In November, Plaintiff’s agent negotiated with Defendant buy a Frank Lloyd Wright chair. During that conversation, Plaintiff alleges Defendant agreed to sell the chair to Plaintiff for $60K in two equal installments. In early December, Plaintiff sent Defendant a letter confirming the agreement. Shortly thereafter, Plaintiff sent a check. Two weeks later Defendant returned the letter and the check, with the following note: “Since I did not hear from you until December and I spoke with you the middle of November I have made other arrangements.” Defendant later sold the chair for $198K. Plaintiff sued for the difference. Defendant moved to dismiss under the Section:2-201 of the Uniform Commercial Code (UCC). Attached to the motion to dismiss was an affidavit by Defendant that she had never agreed to sell the chair to Plaintiff and the she did not recollect the conversation with Plaintiff. In addition to the affidavit, there was a letter from Defendant to Plaintiff withdrawing the offer to sell the chair in Sept. and a letter from Plaintiff to Defendant withdrawing the offer to buy in October. Plaintiff appeals, alleging that the case is in the exception where “the party against whom enforcement is sought admits in his pleading, testimony or otherwise in court that a contract for sale was made.” But this does not refer to the handwritten note. Plaintiff argues that if he could depose the Defendant he could force the truth from her: that she had agreed to sell the chair in November.
- 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.