Contracts Keyed to Summers
Wilson v. Scampoli
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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:
On November 4, 1965, Nick Scampoli (Plaintiff) purchased a television set from Willie Wilson TV Appliances (Defendant). The sales ticket guaranteed ninety days’ free service and replacement of defective parts within the first year of purchase. After the television was delivered and set up, the television did not turn on properly. Defendant’s service representative visited the Plaintiff’s home and was unable to determine the source of the problem. He informed the Plaintiff’s daughter that he would need to remove the chassis from the cabinet and inspect it at his shop. Plaintiff’s daughter did not allow the service representative to take the chassis, and demanded a new set. Defendant refused to provide a new set, and Plaintiff sued for a return of the purchase price. The trial court granted the remedy of rescission and ordered Defendant to return the purchase price to Plaintiff. Defendant appealed, arguing that he had not breached the contract since he was denied the opportunity to repair the television set.
- 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.