Confirm favorite deletion?
Contracts Keyed to Murray
Synnex Corporation v. ADT Security Services, Inc.
Facts
Synnex Corporation (Plaintiff) entered into an agreement with ADT Security Services, Inc. (Defendant) for a security system at Plaintiff’s warehouse. The agreement stated that it would not be binding unless approved in writing by an authorized representative of Defendant. The agreement contained an exculpatory clause that limited Defendant’s liability to ten percent of the annual service charge or $1000, whichever was greater. The agreement was signed by one of Defendant’s sales representative, but not an authorized representative. Defendant delivered, installed, and monitored the security system at Plaintiff’s warehouse, according to the agreement. Intruders broke into the warehouse and stole millions of dollars worth of equipment. Plaintiff’s insurance company paid Plaintiff’s claim and then brought a subrogation action in Plaintiff’s name against Defendant. The trial court held that, since an authorized Defendant representative had not signed the contract, Defendant could not rely on the exculpatory clause in the contract to limit its liability. The trial court entered a judgment for damages in favor of Plaintiff, and Defendant 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.