Contracts Keyed to Summers
Thorne v. White
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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:
White (Plaintiff) contracted to have Thorne (Defendant) put a new four-ply roof over the old roof of Plaintiff’s residence for $225.00. Defendant began work but eventually discontinued the project. Plaintiff subsequently hired Koons Roofing Company (Koons) to complete the work for $582.26. The contract with Koons provided for a five-ply roof rather than a four-ply roof, and required Koons to replace Plaintiff’s roof entirely, rather than simply cover the old roof. These differences increased the cost of the project. Plaintiff sued Defendant for $357.26, which was the difference between the contract price with Defendant and the contract price with Koons. The trial court ruled in favor of Plaintiff. Defendant 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.