Confirm favorite deletion?
Property Keyed to French
Lefrak v. Lambert
Facts
Kenneth Lambert and his wife (Defendants) signed a three-year lease to rent an apartment from Lefrak (Plaintiff). The lease included a provision that the landlord had no duty to mitigate damages if the tenants breached the terms of the lease. The Lamberts took up residence on September 15, 1973, but moved out on November 20, 1974, when they were two months behind on their rent. Their security deposit was approximately equal to the two months’ rent that they owed. The apartment then remained vacant for seventeen months until it was re-rented on May 1, 1976 (the Lamberts’ lease ran until September 30 of that year). Plaintiff sued Defendants for unpaid rent and attorneys’ fees totaling $5,462. The trial court determined that Plaintiff had failed to prove that he had in good faith attempted to re-rent the apartment. The court then determined the applicable rule of law.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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.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.