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Contracts Keyed to Summers
Eliason v. Henshaw
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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:
On February 10, 1813, (Defendants) sent a letter from Harper’s Ferry to the seller (Plaintiff) at Mill Creek offering to purchase flour at $9.50 per barrel. The letter was sent to Plaintiff by wagon. The letter required that an acceptance by Plaintiff be sent to Defendants by the same wagon returning to Harper’s Ferry. Plaintiff received the offer on February 14, 1813. Plaintiff sent a letter accepting the offer to Defendants at Georgetown on February 19, 1813. On February 25, 1813, Defendants sent Plaintiff a letter acknowledging receipt of Plaintiff’s acceptance, but stating that, because they had not heard from Plaintiff previously, they had purchased flour elsewhere. In March 1813, Plaintiff delivered the flour to Georgetown. Defendants refused to accept the delivery. Defendants moved to instruct the jury that if their evidence was found to be true, Plaintiff was not entitled to recover on the alleged contract. The court did not give the requested instruction and judgment was rendered for Plaintiff. 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.
- 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.