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Contracts Keyed to Summers
Forman v. Benson
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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 March 23, 1983, Eric Forman (Plaintiff) offered to purchase real property from Art Benson (Defendant) for $125,00. The purchase price was to be paid over a period of ten years. Prior to signing the agreement, Defendant expressed his concern about Plaintiff’s credit. Defendant’s concern was eased after Plaintiff’s realtor suggested conditioning the contract upon “seller’s approving buyer’s credit report.” This condition was inserted into the contract for Defendant’s benefit. Defendant thereafter signed the contract and received the credit report on March 27, 1981. Between then and May 14, 1981, the parties had additional discussions, during which Defendant mentioned a higher purchase price. On May 14, 1981, Defendant rejected Plaintiff’s credit. In July 1981, Plaintiff brought suit seeking specific performance of the contract. At trial, a loan officer testified that Plaintiff’s credit was generally considered excellent. The trial court found that Defendant was required to evaluate Plaintiff’s credit under a standard of reasonableness, and found Defendant had unreasonably rejected Plaintiff’s credit. The trial court ordered specific performance of the contract.
- 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.