Contracts Keyed to Scott
Danann Realty Corp. v. Harris
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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 contracted to buy a lease of a building from Defendants. During negotiations, Defendants made certain oral representations regarding the building’s operating expenses and the profit Plaintiff could expect to make from controlling the building. The representations turned out to be false. However, the contract contained the following disclaimer: “The Seller has not made and does not make any representations as to the physical condition, rents, leases, expenses, operation or any other matter or thing affecting or relating to the aforesaid premises . . . and the Purchaser hereby expressly acknowledges that no such representations have been made, and the Purchaser further acknowledges that it has inspected the premises and agrees to take the premises ‘as is’ . . . . It is understood and agreed that . . . neither party [is] relying upon any statement or representation, not embodied in this contract, made by the other.” Plaintiff sued, seeking damages for fraud based upon the oral representations of Defendants. Defendants filed a motion to dismiss. The trial court dismissed the complaint. The appellate court reversed. Defendants appealed.
- 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.