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Contracts Keyed to Scott
Monetti, S.P.A. v. Anchor Hocking Corp.
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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:
Anchor Hocking Corp. (Defendant) agreed in principle to become the sole U.S. distributor for Monetti S.P.A. (Plaintiff) food service products for ten years. Plaintiff sent Defendant a draft agreement. Defendant did not sign the draft agreement, but Defendant’s employee drafted a memo that incorporated all of the terms in Plaintiff’s draft agreement and added additional terms that Defendant wanted. The employee initialed the memo. Plaintiff, as was required in its draft agreement, gave Defendant all of the assets of Melform, a Plaintiff subsidiary, which had previously distributed Plaintiff’s food service products. In addition, there was a second Anchor memo, an internal memo Defendant’s letterhead that included in “Exhibit A” all terms of the draft agreement except one. Davis, the drafter of this memo referred to it as the “summary agreement” with Plaintiff. Not long after Defendant wrote this second memo, Plaintiff sued for breach of contract. Defendant argued that the statute of frauds precluded the lawsuit because the agreement was not to be performed within one year and was not in writing. The trial court held that the suit was barred by the Uniform Commercial Code (UCC) statute of frauds. Plaintiff 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.
- 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.