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Contracts Keyed to Scott
Southern Concrete Services, Inc. v. Mableton Contractors, Inc.
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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:
Mableton Contractors, Inc. (Defendant) contracted to purchase “approximately 70,000 cubic yards” of concrete from Southern Concrete Services, Inc. (Plaintiff). The contract stated, among other things, that “No conditions which are not incorporated in this contract will be recognized.” Defendant purchased only 12,542 cubic yards of concrete because that was all the concrete it needed for its construction project. Plaintiff sued for breach of contract. At trial, Defendant sought to introduce evidence of the custom of the trade under section 2-202 of the UCC arguing that quantities specified in contracts such as this are meant as guidelines and are understood to be subject to renegotiation depending on the buyer’s needs. Plaintiff argued that the evidence was inadmissible.
- 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.