Confirm favorite deletion?
Property Keyed to French
Aurora Bus. Park Assocs. v. Michael Albert, Inc.
Facts
Aurora Business Park Associates (Plaintiff) granted a lease to Michael Albert Inc. (Defendant) to operate a business. The parties agreed to a five-year lease, however, after two years Defendant abandoned the premises. The lease contained an acceleration clause which would allow the Plaintiff to collect the unpaid rent in anticipation of Defendant failing to abide by the lease. Plaintiff was unable to find someone new to lease the premises. The clause stipulated that the Plaintiff has an obligation to find someone to take over or create a new lease in order to mitigate the damages. Upon finding no one, Plaintiff filed suit to recover the unpaid rent as well as the cost of searching for a new tenant. Defendant moved to dismiss claiming that the Plaintiff failed to reasonably search for a new tenant or alternatively, that the court should reduce the damages to the fair market value. The trial court ruled against the motion to dismiss and awarded plaintiff the remaining rent plus costs. The trial court ultimately reduced the award to the present value of the future accelerated rent payments. Defendant appeals claiming Plaintiff is in a better position than if the lease had not been breached while also arguing the clause was an unenforceable penalty.
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.