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Property Keyed to Merrill
Gotlieb v. Taco Bell Corporation
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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:
Gotlieb and Blaymoreand Taco Bell Corporation (Taco Bell) entered into a 20-year lease agreement. Under the lease, Taco Bell’s rental payments were to begin on June 15, 1992, and Taco Bell was obligated to pay a monthly base rent, includingan additional rent for taxes and utilities. Also, Taco Bell was required to attain permits and approvals for restaurant construction and operation, however, it could cancel the lease if Taco Bell was unable obtain the permits and approvals by February 15, 1992. Lastly, Taco Bell was required to pay Gotlieb and Blaymore’sliquidated damages in case of a breach of the lease terms. Community groups were against the construction of the restaurant. On February 10, 1992, Taco Bell sent the plaintiffs a letter asking to change some of the lease agreement terms. Thereafter, Taco Bell filed to receive a permit application on February 14, 1992, and sent the plaintiffs a letter renouncing the lease on the same day. Subsequently, Gotlieb and Blaymore responded to Taco Bell’s letter by denying the request to change the terms of the agreement and stating Gotlieb and Blaymorewould hold Taco Bell liable for the agreement. On June 1992, Gotlieb and Blaymore brought suit against Taco Bell for past and future rent, and for acceleration of all future rent due under the lease. Nonetheless, Taco Bell did not pay. During trial, both, Gotlieb and Blaymore, provided testimony that on October 19, 1993, they met with Rite-Aid Corporation representative to speak about renting the premises, and on November 3, 1993, Gotlieb and Blaymore presented a proposed lease to Rite-Aid. Then, Gotlieb and Blaymore entered a new lease agreement with Rite-Aid, which had a higher rental payment fee, compared to their lease with Taco Bell.
- 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.