Contracts Keyed to Summers
Marcovich Land Co. v. J.J. Newberry Co.
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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:
Paul March and Walter March are the legal successors-in-interest to Marcovich Land Corporation (Defendant). On September 30, 1953, Defendant leased commercial premises to J.J. Newberry Company (Plaintiff). The lease contained a clause that specified that, in the event the premises were damaged or destroyed by fire, Defendant would be responsible for repairing or reconstructing the premises at its own expense. On December 30, 1971, the building was completely destroyed by fire. Defendant did not rebuild the structure because it would have cost at least $452,000, an amount which Defendant considered commercially unfeasible. Plaintiff sued Defendant for lost profits as a result of his refusal to rebuild, and was awarded a judgment of $117,000.
- 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.