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Contracts Keyed to Summers
Mishara Construction Co. v. Transit-Mixed Concrete 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:
Mishara Construction Company, Inc. (Plaintiff) was the general contractor for the construction of a housing project. In September 1966, Plaintiff entered a contract with Transit-Mixed Concrete Corp. (Defendant), under which Defendant agreed to supply Plaintiff with all its concrete for the project. Defendant was to make delivery upon request by Plaintiff. The parties performed under the contract until April 1967, when a labor dispute resulted in the formation of a picket line at the site of the project. The picket line remained until the project was completed in 1969. Throughout the period of the labor dispute, Plaintiff placed several orders of concrete. Defendant made no deliveries during this time. Plaintiff ultimately purchased concrete from another supplier and sued Defendant for damages. The trial court ruled in favor of Defendant. Plaintiff appealed, taking exception to the inclusion of evidence regarding the delivery difficulties caused by the picket lines, and the trial judge’s failure to instruct the jury that Defendant was required to deliver concrete regardless of the picket lines or labor difficulties.
- 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.